Any carrier wishing to carry cargo on the territory of the Republic of Bulgaria and / or on the territory of the European Union must register a transport company and hold the respective license to carry cargo on the territory of the Republic of Bulgaria or a license to carry out international freight transport.
This development concerns the registration of a freight transport company within the European Union (the procedure for registering a freight transport company on the territory of the Republic of Bulgaria is similar).
This is the issue of a Community license for the international carriage of goods. The procedure for issuing such an international transport license is regulated in ORDINANCE No 11 OF 31 OCTOBER 2002 FOR THE INTERNATIONAL CARRIAGE OF PASSENGERS AND GOODS .
The state fee for issuing an international license for freight transport from January 1, is 500 leva. The freight license is NOT indefinite! It shall be issued for a period of validity of 10 years, after which it shall be renewable.
1. In order to operate as a freight carrier, you must first register a transport company. It is recommended to be in the form of EOOD or OOD.
The transport activity can be realized with both own and hired heavy trucks, but obligatory with Bulgarian registration.
2. The license of the transport company is issued by the Minister of Transport, Information Technology and Communications on a proposal of the Automobile Administration Executive Agency.
Any transport company applying for a freight license must meet certain specific requirements, namely:
I. REASONABILITY – The requirement of reliability is met when transport managers are not convicted of deliberate crimes of general character under the Penal Code or are not deprived of the right to exercise transport.
II. PROFESSIONAL COMPETENCE – The transport manager must have a Certificate of Professional Competence issued by the Automobile Administration Executive Agency or a Certificate of Professional Competence issued by a competent authority of a Member State of the European Union. Note that a person may be the head of the transport activity of no more than two transport companies.
III. FINANCIAL STABILITY – Demonstration of the financial stability of the transport company depends on the number of vehicles with which the transport activity will be carried out. For the first car, the transport company proves that there are resources for carrying out its transport operations, equal to the BGN equivalence of EUR 9,000, and for each subsequent car the BGN equivalence of EUR 5,000. The provision of the above mentioned resources for transport activity is evidenced by the corresponding amount in the capital of the transport company, through bank guarantee and insurance contract.
At the same time, the transport company must have no tax and social security obligations unless it is deferred or deferred under the Tax and Social Insurance Procedure Code, as evidenced by the Certificate for the existence or absence of tax liabilities.
IV. ESTABLISHING THE TERRITORY OF THE REPUBLIC OF BULGARIA – the transport company must have its own or hired operational center, garage area and office.
Compliance with each requirement should be certified by the relevant document. The circumstances declared in the contracts, declarations, etc. are controlled and controlled and checked prior to the license being issued by the licensing authority, so it is advisable to use advisory services to specialists who are familiar with the practical requirements for issuing such a license.
The time limit for the issue or refusal to issue a license for the carriage of goods is 30 calendar days from the date of filing of the application. If there is a document missing or there is an irregularity in the documents submitted, the deadline for their removal is one month after receipt of the instructions from the Ministry. The license is issued in as many copies as the vehicles themselves.
We would like to offr you our legal service as follows :
• Drafting of documents & registration procedure of your new shipping company for you.
• Legal advices to preparation , fill in and submit the necessary documentation for the issuance of an international freight license.
We will save you valuable time with our knowledge and skills to complete the registration process and get a freight license for you at moderate competitive prices. Call us now on `+ 359 897 90 43 91 or send us your mail on оffice@lawyer-bulgaria.bg
When co-owners of common property fail to understand how to divide their property voluntarily and turn their ideal parts into real, they can turn to the court for legal division of property
This way of termination of the co-ownership is settled as a particularly indisputable production, which takes place in two phases .
Any joint proprietor may file a claim for a division, which is always subject to the district court of the place of inheritance (in the case of a division of inheritance) or the location of the property (in the case of a split of a real estate). Where incapacity or abstention is involved in the partition, prior permission of the District Court is required.
Division by Court settlement. In any case of a court case (prior to the entry into force of the court decision on the distribution of the property), the judicial separation may end with a court settlement. Legal division of property
The latter includes a contract between the parties for the distribution of properties and a definition by which the court approves the settlement if it does not contradict the requirements of the law and good morals.
A particular type of court settlement is the agreement of the spouses to divide their property upon divorce by mutual consent.
FEATURES OF Legal division of property
First stage of the legal division of property
In the first phase of the partition the issues between who will be partitioned, which properties and what is the part of each ofthe partitioners are clarified .
The action for partition is not extinguished by prescription.
The subject matter of a division may be all or part of the property, unless the law provides otherwise, or if it is incompatible with the nature or purpose of the property. If one of the co-owners does not take part in the division, it is entirely null and void.
The court decides by a decision on the admissibility of the division, which is subject to self-appeal, after its entry into force, a new hearing is scheduled and the division continues in its second phase.
At the request of some of the distributors, the court ruled on the issue of the temporary distribution of the use of the property until the end of the divestment and the sums that the users should pay to the others.
– Second phase of the judicial split of property
In the second phase of the division a real distribution of the shares admitted to partition is made between the parties that are recognized as co-owners and according to the established shares with the court decision of the first phase of the admission of the division.
Whenever possible, each of the partitioners should receive a real share of the objects subject to the divestment, as the units are equalized with money.
In the second phase of the division, if submitted, the following shall also be considered:
the claims on the accounts of the distributors to recognize the costs he has incurred to increase the value of the property
claims to increase the inheritance (inheritance split)
as well as for the assignment of an indivisible residential property (in the case of a divorce of a matrimonial property community or an inheritance).
The casting may be done by drawing lots or by partitioning where the prerequisites provided for in law are available. Where a property is unalterable and can not be placed in one of the lots, the court shall order it to be put out for public sale.
This phase of the division ends with a court decision that has the power of a notary deed on shared real estate and is subject to entry in the Registry Office on the location of the property.
Public sale of the real estate
Where the co-owner to whom the property is awarded fails to pay the remaining monetary equation within six months, the award decision is invalidated by law and the property is exported to a public auction.
In this case, the property may not be sold for public sale and assigned to another co-owner if it has made a request for an assignment, the legal prerequisites are in place, and he immediately pays the price at which the property is valued at the split, less the value of his share in it.
When making the sale, the distributors take precedence over the third parties involved in the sale, each of them being able to buy the property at the highest bid.
If several distributors wish to redeem the property at the highest price offered at the first sale, a new sale is only made between these dividers, which is carried out under the general rules.
After that the actual distribution is executed. With the help of an expert the court divides the real estate by creating of separate shares for each co-owner after which each of them receives his property by lot.
Each party of the case for judicial division pays the outstanding court fees according to the market price of the received share. There are no obstacles for the parties to make an agreement about the way of termination of the co-ownership during the judicial division and to arrange a court settlement.
For many people the concept of “divorce” is associated with stress and material loss, and so many people prefer not to take action on their personal lives, hoping that over time they will all sort and do not apply for divorce. As we interact with many of our international clients and potential clients, we realize that most people do not understand the divorce laws in Bulgaria.
They are confused about the Bulgaria divorce process in general. But, this is totally understandable.
The law is complicated and most people are not lawyers, so they do not need to know this information. But if you are here reading this article, you are interested. So I am going to try to explain some of the Bulgaria divorce laws in the simplest terms possible without all the arcane legalese.
Lots of law firms have articles about different aspects of the Bulgaria divorce laws. They tend to be short articles about a particular subtopic, or they are covert advertisements about how great a particular law firm is, rather than an overview of the Bulgaria divorce process.
What’s the Process?
There may be some variations in the process depending on the facts of your case (like, whether you have children and where you live), but most divorces with agreement look something like this:
Divorce in Bulgaria is subject to the Family law in Bulgaria, governed by the Bulgarian Family code that settles relations based on marriage, kinship adoption, as well as well as guardianship and tutelage. In Bulgaria, divorce procedures could be done in two ways:
Divorce by mutual agreement or
Divorce through breakdown of marriage, when both spouses are Bulgarian citizens. As such, the Bulgarian legislation is applicable.
As relationships get worse, spouses acquire children, different property is acquired, but in fact the family does not exist in the meaning of this concept of morality and law.
Suddenly he / she / decides that they want more than life and divorce, which is often absolutely unexpected for the other partner who should take action to get out of this unpleasant situation with minimal mental and material loss.
Divorce due to marriage disorder is a procedure that aims to end marriage due to a “deep and irreparable” disorder (Article 49 Family code). The claim is constitutive, is brought to the district court on the defendant’s permanent address.
The court is seized with the filing of a claim by one of the spouses meeting the requirements of the CPC and containing the requisite requisites – addressee, country data, relevant annexes, etc. and the request to the court to settle a divorce due to a deep and irreparable marriage disorder.
The personal appearance of the parties is mandatory at the first hearing. A consequence of the plaintiff’s unreasonable failure to appear is termination of the case.
The legal procedure of divorce by claim order
The legal regulation of the procedure has been describen in art. 49-52 Family code.,
A divorce by mutual consent is preferred when both parties agree on the reasons for divorce and the court allows for the procedure to take place without investigating the cause for the dissolution of the marriage.
This is the simplest type of divorce in Bulgaria and the costs involved in the procedure are much lower than in other cases.
Spouses must come to an agreement regarding the custody of the children, visiting rights, the division of the property acquired during the marriage, the use of the family name etc.
The evidence of the deep and irreparable disorder of divorce, which is the basis for divorce cases, must be proven in a competitive process .
The Court should establish the reasons for the occurrence of a temporary and disruptive disorder, but its profound and irreparable disorder – these may be objective circumstances, and or marital malfeasance of one or both of the spouses.
Divorce proceedings in Bulgaria due to marriage disruption should be initiated by only one spouse . If there is mutual consent for the divorce, proceed according to Art. 50 of Family Code – divorce by mutual consent.
Account should be taken of the restrictive legal norm of Art. 320 of the Code of Civil Procedure, according to which the divorce proceedings are suspended if the wife is pregnant (until the child’s 12 months of age) if she so requests.
Matrimonial claims must also be respected. procedural consumption (exhaustiveness of the marriage process), according to art. 322 of the Civil Procedure Code and according to the mandatory for the courts Interpretative Decision No. 1 / 4.01.2001. of the SCCS of the SCC:
Art. 322. (1) In a claim for divorce, the plaintiff must provide all grounds for the profound and irreparable marriage disorder. Any reasons not mentioned, which occurred and became known to the spouse until the oral hearing is completed, can not serve as a basis for bringing a new claim for divorce.
As stated above, as the basis for the divorce claim is the deep and irreparable disorder of marriage judged by concrete facts proving it, each of these facts is in itself a ground of claim. If a plea is not mentioned in the case, it is overturned and can not serve as a new claim on the basis of that fact. Therefore, all the facts of family life justifying the occurrence of a profound and irreparable marriage disorder should be indicated by the end of the oral hearings.
All matrimonial claims may be joined together. the following claims must be lodged and considered:
For exercising parental rights;
On personal relationships and child support;
Using the family home;
Maintenance between spouses and surname.
At the request of one of the parties, the court may prescribe temporary measures on the care and maintenance of minor children from marriage (if any), the use of family housing and other property acquired during marriage, etc. questions. The provisional measures shall have effect until the final decision is taken.
When selecting a divorce lawsuit – DIVORCE by mutual consentor DIVORCE by legal claim, apart from always the individual and personal specificities of the particular case, the due fees for the proceedings should be known and taken into account:
State fee are payable upon filing of the application. It is paid to the account of the relevant District Court.
Final state fee should be paid on the account of the respective District Court in case of divorce. 2 per cent on maintenance payments for 3 years maintenance fees for the child on bank account of the District Court.
Other costs may arise in the proceedings, such as expert opinions on one or other matter, the value of which is different and depending on the complexity of the expert’s task.
The burden of all costs in the case – state fees, lawyers’ fees, expert opinions are assigned to the guilty or ill-conscious spouse when there is a ruling on the guilt (according to the norm of Article 49, paragraph 3 of the Family Code, the ruling on wine matters is no longer official, but only if one of the spouses has requested such a ruling) or remains at the expense of each of the parties – as they have done in the course of the proceedings.
In this comment, the issues of divorce proceedings are examined in principle.
Always consider and choose the procedure best suited to the specific case.
Our family law officeprovides legal consultations and representation during the contested divorce – a procedure that is quite emotional for the parties.
The information provided below will help you find more about this procedure.
If you need our assistance please call us on + 359 897 90 43 91 or send us a mail firstname.lastname@example.org
Many of our clients are foreign entities wishing to register a commercial agency or branch office of a foreign legal entity in Bulgaria. In this regard, working as lawyers in commercial cases in Bulgaria, we would like to inform you that all foreign persons engaged in commercial activities may open commercial offices in our country.
According to the Bulgarian laws, trade representation can perform non-profit activities, advertising of goods and services, and more.
Commercial representation of foreign person has got the right to operate an independent business. The regime of any commercial representation of foreign legal entity in Bulgaria is regulated by the Law on Investment Promotion (IPA).
When establishing trade representation of foreign legal entities, they must register in the Bulgarian Chamber of Commerce and Industry (BCCI). For the establishment of foreign investments under Bulgarian law, in addition to five different companies listed above, the investor may choose one of the following corporate forms:
OPEN a Branch office or
OPEN a trade representation.
A commercial legal entitywhich has got the right to perform commercial activity under its national law, may register a branch in the Commercial Register. The branch is not considered as a separate legal entity. The branch is not required to have any paid up capital or separate governance structure. Its assets and liabilities are considered of the mother company.
Foreign persons authorized to do business under their national law may establish a representative offices in Bulgaria. A representative office is registered at the Bulgarian Chamber of Commerce. The office is not a separate legal entity and cannot carry on business activity. Thus, the purpose of the representative office is to perform activities such as promotions, exhibitions, demonstrations, training and advertising of products or services.
Registration of a foreign person’s representative office
the legal framework is the Investment Promotion Act, and the competent authority. The registration body is the Bulgarian Chamber of Commerce and Industry.
Procedure and documents required
Official registration document of the foreign person issued by the relevant competent authority as per its national legislation.
Official document regarding the persons managing and representing the foreign person.
Resolution of the managing body of the foreign person for opening a representative office in Bulgaria.
Special notarized original power of attorney issued by the person(s) representing the company, for the person authorised to register and manage the representative office in Bulgaria. It also is specifying the powers granted to the latter.
Original specimen(s) of the signature(s) of the person(s) being representative(s) in Bulgaria, whether by virtue of law or by special authorisations, certified by a notary public.
Document evidencing payment of the registration fee for the representative office.
Terms of registration
The registration terms are between 1 and 3 days (according to the declared wish and the fee paid).
Procedure for registration of a trade representation office
An applicant can be any resident with the right to conduct business under its national legislation. We can prepare for you all documents necessary for registration of a trade representation of foreign legal entity. Persons who are representatives of foreign commercial companies and have registered trade offices in BCCI can obtain a permit for continuous stay in the country. The term is one year (Art. 24, paragraph 1, p. 6 of the Law on Foreigners in the Republic of Bulgaria). The actual residence permit may be renewed on the same grounds after the expiry of the prescribed term.
Upon registration of a trade representation, you must have the funds from abroad for its maintenance. This applies also to any proceeds from SSI benefits for workers who are Bulgarian citizens. Since no representation carries on business, commercial offices are not required to file an annual tax return. For the same reason, they do not pay withholding taxes under the Corporate Income Tax Act.
Although not transact business, commercial offices are tax-liable for the social costs of staff employed under an employment contract and management. Regarding the law, transactions and payments made by residents in the country, carried out by commercial representation on his behalf or under the authority of the foreign entity, are considered as accomplished independent economic activity subject to taxation.On the grounds of Article 24, paragraph 1 of the Law on Promotion of Investment, trade represantation of foreign entities offceis are obligated to enter in the Commercial Register of the Chamber of Commerce.
When a foreign person can register as a trade representative in Bulgaria?
As lawyers in commercial matters, we will advise you that this happens when the company has got the right to conduct business, in accordance with the law of the country it had been established in.
Legal aspects in conducting business
Foreign person who has got trade representation in Bulgaria cannot carry out business on his/her behalf. This is because he/she is not a legal entity. Concluded with his/her brokerage transactions are conducted on behalf of the principal (non-resident).
Commercial representation must be recorded in the Unified Commercial Register of the Bulgarian Chamber of Commerce and Industry (BCCI), despite the fact that it is not a legal entity and has got no right to conduct business.
For more information about the types of legal services we offer, please contact us. As for as commercial ajnd compnay lawyer on +359 2/858 10 25, or by e-mail to: email@example.com.
There were numerous factors that can affect how much child maintenance you should pay or receive and we always advise that you contact us first to discuss your specific circumstances.
You should bear in mind that the child maintenance that is payable differs from country to country and it is quite possible that a claim can be lodged in the country in which the mother or the father or the child lives even if you do not live in the same country. If your family members live in different countries then maybe there is jurisdiction in more than one country.
Bulgarian Family Lawyer, Divorce, Child Maintenance and Custody
family divorce lawyer Bulgaria
Payment of child maintenance is the transfer of funds (money) from one person to another who needs them, and between them there is a family relationship.
The size of mountly payments – child maintenence has been declared and well described in the court desicion for divorce between the parents. Usually the childrens needs to be supprted in a case of divorce.
When someone is ordered to pay maintenance by an enforceable court decision but does not comply with that decision, ie he continues not to pay the maintenance of the person entitled to receive it, this may lead to unfavorable consequences.
One of these consequences is the possibility of an enforcement case being brought against him and the other being a criminal conviction, since the non-payment of maintenance for more than two months is a crime under the Penal Code.
When an enforcement case is instituted, the due date may be collected by compulsion by a state or private enforcement agent. If the debtor fails to pay after being invited to do so voluntarily, the judge may, at the request of the person entitled to maintenance (the claimant in the case), impose a distraint on his remuneration (the employer to withhold his money), the custody of the bank his bills (no money), a car or foreclosure on his real estate (prohibition to sell it), which may be in force until the lifting of the maintenance obligation, which may last for years.
In this case, the unpaid maintenance obligation is supplemented by the fees for initiating the enforcement case, fees for individual enforcement actions, and the amount of lawyer’s fees (the lawyer’s money has been filed and the case has been filed with the bailiff ).
The end result in this case is significantly increasing the cost of the debtor (neplatiliya maintenance ), which may go beyond sheer size of unpaid maintenance.
The non-payment of maintenance may also be due to an objective impossibility on the part of the debtor (illness, lack of work and means) and not to his unwillingness to pay such.
Child maintenance, non-payment, consequences
Where such an impossibility is established in the enforcement case, the payment is made by the State which is a substitute for the person who has been ordered to pay the maintenance, but fails to fulfill that obligation.
Whether or not an enforcement action has been initiated, a pre-trial proceeding may be initiated at the request of the entitled person or his legal representative for a criminal offense of a general nature and an indictment of a prosecutor may be brought before a court for a crime under Art. 183 para. 1 of the Penal Code – non-payment of maintenance for two or more monthly installments.
The punishment that the law provides is imprisonment of up to one year or probation . It is common practice for the accused to be sentenced to imprisonment, with the court postponing the execution of the sentence ( conditional conviction).
A conditional conviction, although not often regarded as a “real” punishment, is actually quite a serious consequence of the criminal liability and can have extremely severe consequences for the convict.
*We advice you to brought the child maintenance cases with our family lawyers, just to get a full protection of your and of the children’s interests.
Our family lawyer has been asked many times for the reasons and legal grounds for divorce in Bulgaria. Hiring a lawyer is advisable to avoid any futher problems.It is necessary. There are no formal impediments that would prevent either party from filing a petition in court.
Finally we would like to show basically the two important legal, grounds for divorce are set out in the Bulgarian Family Code: irretrievable breakdown of the marriage and mutual consent.
Divorce through breakdown of the marriage: Article 49 FC
Each of the spouses is entitled to petition for divorce where there has been a ‘serious and irretrievable breakdown’ of the marriage.
(2) When granting the decree of divorce the court makes a ruling on its own motion on the issue of the fault for the breakdown of the marriage, unless the breakdown is caused by objective factors which cannot be ascribed as the fault of either spouse.
(3) The court does not rule on the issue of fault for the breakdown of the marriage where the spouses so request and they submit to the court their agreement on the custody of any children and access to and maintenance of the children, and also on the division of their property, the use of the matrimonial home, the payment of maintenance and the use of the family name.
(4) A divorce is not allowed where the breakdown of the marriage is due solely to the misconduct of the petitioner and the
Bulgarian Family Lawyer, Divorce, Child Maintenance and Custody
respondent wishes to preserve the marriage, unless there are important reasons why the divorce action must continue.
Divorce by mutual consent: Article 50.FC
Where there is serious and firm agreement between the parties about the divorce, the court allows it without investigating their motives for terminating the marriage. A petition for a divorce by mutual consent cannot be filed until three years after the contraction of the marriage.
Agreement reached by the spouses in a divorce by mutual consent:
Above all else, divorce by mutual consent is a lot cheaper and faster, rather than filing a lawsuit. Such divorce is possible, if one of the parties is Bulgarian citizen.
Both parties must sign an agreement, which may be drafted in couple of languages – it’s imperative, that one of them is Bulgarian. In case of a lawsuit, relevant for the court will only be the one drafted in Bulgarian. An agreement must be reached about all of the following:
The divorce will follow trough by mutual consent.
If there are children, born during the marriage – who will exercise effectively the parental rights, with whom will the children live respectively; what amount of child support is to be payed – child support may not be less then 125 BGN per month for every child.
When will the parent, who’s not effectively exercising the parental rights, be allowed visiting, personal contact, and personal time with the children.
Who will be using the family home, if there is one, and it is located in Bulgaria.
It should be noted, that according to the Bulgarian legislation, unlike other countries, the divorcing parties are entitled to alimony only in specific cases, where one of the parties is unable to work or maintain itself trough estate property, due to medical condition.
Article 51 (1) In a divorce by mutual consent the spouses have to include provisions in the agreement regarding the discharge of parental rights and obligations, their personal relations, and the maintenance of the children, and also their property relations, the use of the matrimonial home, the payment of maintenance and the use of the family name. The agreement is ratified by the court after it is satisfied that the interests of the children have been protected.
(2) Where the agreement is not complete or the interests of the children are not well protected the court sets a term within which these defects should be remedied. If the defects have not been remedied within this term, the divorce petition is dismissed.
Applications for child custody and child maintenance after the termination of a marriage by mutual consent
The European arrest warrant is a judicial decision given in an EU Member State and aims at detaining and surrendering a wanted person from another Member State for the purpose of prosecuting or executing a custodial sentence or a detention order.
Our law office D.Vladimirov & Partners is dully specialized in criminal law and international criminal law. I have expertise in drug abuse violations, money laundering, white collar crimes, forgery and counterfeiting, fraud, financial crimes and tax fraud offenses, driving and traffic crimes.
Our legal practice allows me to handle international and especially international criminal law issues at a high professional level.
European Arrest Warrant
Many times we cooperate with foreign colleagues in Extradition or European Arrest Warrant cases from or to BULGARIA….just to provide the best and most reliable legal service to our clients in Bulgaria, as defense counsel,lawyer proividing criminal & extrations order services
The procedure imposed by the Council Framework Decision of 13 June 2002 (2002/584 / JI) is based on the principle of mutual trust and the recognition of judgments.
This principle states that if a judicial act has been issued in an EU Member State, it must be recognized in all other Member States as such and has the same legal consequences.
Accordingly, where the authority responsible for the execution of a warrant has in its possession evidence of a real risk of inhuman or degrading treatment of persons detained in the Member State where the warrant was issued, that authority must assess that risk before deciding on the surrender of the individual concerned.
In Bulgaria the European Arrest Warrant is governed by the Law on Extradition and European Arrest Warrant. The aim of the European arrest warrant is to aid the fight with international terrorism and organized crime after 10/11/2001.
The underlying concept of the EAW is the principle for mutual recognition and existence of minimal standards concerning the fundamental rights of the accused persons. Ultimately, the main goal – fight with crime is attained due to the effective and prompt mechanisms for transfer of the persons subjected to EAW but is this happening at the expence of the fundamental human rights enshrined in the Convention?
According to the Bulgarian Law on Extradition and European Arrest Warrant, the Court shall refuse to execute European Arrest Warrant, if:
the offence, which the warrant has been issued for is amnestied in the Republic of Bulgaria and shall enter under its prosecution jurisdiction;
has been notified, that the requested person has been sentenced with an entered into force sentence by a Bulgarian court or by the court of a third Member State and the person services or has serviced the penalty, or the penalty cannot be executed as per the legislation of the country where the person has been sentenced for the same offence, which the warrant has been issued for.
the required person is under aged as per the Bulgarian legislation.
There is no mention in the Bulgarian Law on Extradition and European Arrest Warrant of grounds for refusal connected with persons’ human rights.
At the same time is not a secret that there are numerous cases against Bulgaria at the European Court of Human Rights in Strasbourg to complain about the conditions in prison cells. Council of Europe anti- torture Committee published report on Bulgaria in 2015.
The report concludes that persons detained by the police continue to run a significant risk of being ill-treated, both at the time of apprehension and during subsequent questioning. Further, there has been no progress as regards guaranteeing the practical implementation of the legal safeguards against police ill-treatment.
Detained persons often did not receive information about their rights, were not able to notify a third party of their custody and did not benefit from the services of a lawyer from the very outset of their deprivation of liberty.
The legal procedures of European Arrest Warrant. Expert Criminal Lawyers & Defence Solicitors
The surrender procedure based on a European Arrest Warrant is settled at first instance in one of the 28 district courts. Upon receipt of a European arrest warrant in one of the appropriate ways (mail, fax, e-mail, etc.), the court appoints a court hearing within 7 days of the person’s detention, explaining to him the right to consent handing over to the issuing Member State, and to refuse to apply the principle of specificity.
When the requested person agrees to be surrendered, the court prescribes a restricted procedure for verifying the conditions. In these cases, for example, the fact that criminal proceedings have been brought in Bulgaria for the same offense referred to in the European Arrest Warrant has no legal significance.
If the requested person does not give his consent to be surrendered to the issuing State, the competent court shall verify whether the European arrest warrant contains the requisite legal details (details of the requested person, contact details of the issuing authority, time and place of the offense, etc.). In addition, it is necessary to verify the existence of certain reasons which prevent the transfer of the requested person.
The following grounds for refusal are of particular importance in the case law:
a judgment which has the force of res judicata for the same act for which surrender is requested by the European Neighborhood Arrest Warrant (ne bis in idem),
the criminal proceedings in Bulgaria for the same offense were terminated,
to the Bulgarian legislation the execution of the punishment is expired.
Even before the Decision of the Court of Justice, there have been instances where foreign courts have declined to hand over inmates to Bulgaria due to concerns over dire prison conditions.
In light of the above it becomes clear that the Bulgarian legislation needs serious amendments in order to adjust to the standards of securing fundamental human rights of the persons detained.
If you need our legal assitance, do not hesitate to contact us immediately !
Our law office D. Vladimirov & Partners is here for you to support you to avoid extradision so that you will be able to take advantage of all the opportunities and options our country is giving you.
Call us for more information on + 359 897 90 43 91 or send us your inquiry on firstname.lastname@example.org
Most transactions involving real estate in Bulgaria require a notary at the location of the property. A notary may be used for a range of other dealings: to certify your signature on documents (for instance on contracts); to help you execute a Power of Attorney; to deposit a will for safe-keeping; to transfer a car or other vehicle, etc.
Bulgarian notaries are a regulated profession separate to Bulgarian solicitors (who are referred to as Bulgarian advocates), and Bulgarian notaries have a very specialised role. They function as trusted parties and repositories for certain types of formal business.
Notaries cannot also be members of the Bulgarian lawyer association, and being highly-specialised cannot generally assist with preparing the documentation or advising on the transaction or legal business you may be planning even though they are uniquely placed to help you give it formal effect. We are in a position to help you with these.
Scope of Notary Related Services
We draft and finalise all types of notary deeds — e.g. for the transfer of real estate through sale and purchase contracts, through gifts, by inheritance, etc. We are also in a position to advise you when and how to use the notarial form of contract to your advantage.
Because of our extensive experience and network of contacts among Bulgarian notaries, where more than one is available, we are able to liaise with them for you and ensure that you obtain the best service.
Verification of documents with an apostilles
Sometimes, if a document is required to be presented in Bulgaria but was signed or otherwise prepared outside Bulgaria, the document would need to be:
(a) certified; and/or
Apostillisation is designed to replace the older procedure of legalisation, and is governed by an international convention (we refer to this as “the Apostille Convention”).
An even simpler procedure may apply where the document was prepared in one of a small number of countries enjoying agreements for special assistance in civil and judicial matters with Bulgaria: contact us to find out if your country of interest is one of these.
By far the most common situation involves documents which do require an apostille. Apostilled documents are immediately recognised in all other Apostille Convention states simply by having a special seal (‘apostille’) attached, and can be used (subject to a certified translation) in place of notarised documents. In property transactions, apostilles may be needed on Powers of Attorney and on several of the documents in the procedure for company registration (if a company is used).
We can help you obtain apostilles. You just need to visit, getting the draft of documents HM Government’s office for apostille processing. This allows us to prepare an apostille for you and deliver the certified POA, etc, to Bulgaria within several days of your instruction.
In EUROPEAN countries, we maintain relations locally to allow us to apostille your document for use in Bulgaria as fast as possible. Equally, we can procure legalisations, certified and sworn translations of documents and certifications of documents produced or executed in Bulgaria for use in other countries. Contact us further for this.
Drafting of Notarial Deeds
Using a lawyer rather than a notary to prepare a notarial deed is wise for most property buyers or sellers. It commonly reduces legal costs by 0.5% of the purchase or sale price of the property.
Together with our thorough experience investigating property title and conducting Bulgarian legal due diligence, this creates a one-stop shop – we deal with both the formalities and the substantive protection of investors’ interests.
Given that Bulgaria still has a somewhat decentralised system for recording title, it helps to smooth the process that we maintain regular relations with the competent governmental authorities.
Certification OF LEGAL DOCUMENTS
We certify documents from other jurisdictions for use in Bulgaria and vice versa. The ones most commonly used are: certification as true copies; for the authenticity of signatures on them; for use in legal proceedings; as witness statements; and as sworn statements and affidavits. We also prepare/help execute Powers of Attorney (POAs).
We offer procedural representation in Bulgaria to clients involved in international legal disputes in administrative, civil and penal matters.
If you need our legal assitance, do not hesitate to contact us immediately ! Our law firm D. Vladimirov & Partners is here for you to support your business to start well and seamlessly, so that you will be able to take advantage of all the opportunities and options our country is giving you.
Call us for more information on + 359 897 90 43 91 or send us your inquiry on email@example.com
The buying process is generally straightforward and is often completed within a month. EU citizens can purchase and own property in Bulgaria in the same conditions as locals.
The process of property acquisition and disposal can be lengthy and complicated and we advise our clients on the significant commercial implications that might arise.
We advise on and draft development agreements, provide legal assistance in construction, planning and site disposal matters, fund-raising arrangements, freehold transfers and any associated due diligence reports.
We assist in the acquisition of real estate in Bulgaria and in the subsequent implementation of investment projects in the field of hotel management and tourism, golf courses, office and commercial buildings, industrial construction works in Bulgaria
Please note we are chariging you for real costs and legal fees, state fees and the tax for transferring of ownership). If a travelling out of Sofia is needed, this would be calculated additionally.Purchase property in Bulgaria
Property legal check-up
Working with many international clients & corporate, our law office D.Vladimirov & partners has created a stable legal work policy for checking of the legal status of your property in Bulgaria.
Acting as a qualified property lawyers in Bulgaria, we performing the legal check services for our clients, depending on complexity of every case in the Bulgarian property register.
We check in the Bulgarian property Register the status of the certain property and report to our clients the final results and warnings, if there are any.
This information would allow you to check whether there are any encumbrances upon your property, for which you do not know, for example: a mortgage for a loan, which is already repaid, interdiction, imposed by the tax authorities for unpaid tax obligations, or any other rights of third persons.
Bulgarian land investment no longer requires company !
As a result of the contractual obligations, undertaken by the Bulgarian government in relation to Bulgaria’s membership in the European Union, an important part of the Bulgarian law was recently changed.
From 1 January 2012 citizens of the EU are no longer prohibited to purchase Bulgarian land, which is in regulation.
Until this date they had to set up a Bulgarian company and purchase land through the established legal entity, as according to the old law only Bulgarian individuals and companies had the right to acquire Bulgarian land.
This led to many unfavourable consequences for foreign investors, such as paying additionally to a lawyer to establish a Bulgarian company, appointing an accountant for the relevant services and making other expenses, related to having and maintaining a company.
The first stage in buying a home in Bulgaria is the signing of a preliminary contract. Your lawyer is responsible for ensuring that this is drawn up correctly and you shouldn’t rely on an estate agent to do so.
It’s important not to pay a deposit or sign a preliminary contract prior to performing an in-depth due diligence of the property.
Check that the property has the same dimensions as advertised, if there are any undisclosed encumbrances (i.e pending costs) and that all the necessary permissions and documentation are in place.
While some agents or developers will provide a properly-drawn up contract, some won’t – and unless you’re a Bulgarian-speaking lawyer you won’t be able to tell which is which!
There are a number of types of preliminary contract, depending on whether you’re buying an existing (built) property or a new property off plan (i.e. yet to be built or under construction).
Signing the Notary Act
Signing the notary act (sometimes referred to as the notary deed, purchase contract or final contract, which is equivalent to a title deed) is the final step in taking ownership of your property.
If you’re unable to be present at the signing, you can have your agent or lawyer sign it on your behalf if you’ve given him power of attorney.
You should always sign the notary act in person if you’re buying a brand new or off-plan property, to make sure that all the requirements of the preliminary contract have been met.
The signing of the notary act takes place in front of a notary public, who first checks that all the conditions contained in the preliminary contract have been fulfilled.
It’s normal for all parties concerned to be present when the final contract is read, signed and witnessed by the notary, including the estate agent, developer (for new or off-plan property), your lawyer and your translator.
Either party (buyer or seller) can give a representative power of attorney. In the case of an off-plan purchase, the final contract isn’t signed until the building is complete.
Find independent legal advice for purchase property in Bulgaria
Numerous property owners are now experiencing problems with their property because they did not seek independent legal advice and instead used lawyers and translators which were recommended by the estate agent or developer and they were acting for both parties.
Appoint a qualified lawyer, who is experienced in property conveyance and fully independent of anyone else involved in the transaction, eg the estate agent, vendor or developer.
If you need our legal assitance, do not hesitate to contact us immediately
Based on the Costruction Law in Bulgaria the construction of a building could be divided in four major stages:
Getting of building permission – that document represents the official start of the building process. It is issued by the municipality council per location of the future building and after the architectural plan of the building has been given and approved. Every building without this document, even if finished, is illegal according to the Cosntruction Law and is to be demolished by the competent authorities.
Our Construction Law lawyers can you assist you the issuing of the Building Permission. Call: +359 (897) 90 43 91.
Issue of Certificate for rough construction, roof level, (Act 14) – this act certifies that certain stage of the construction process is reached. More specifically, the separate floors, staircases, outdoor and indoor walls, as well as the roof of the building are completed.
During the construction process the authorities issue an acceptance of the completed works by the investor and the supervisor
The completion of construction is certified by execution of a protocol (the so called “Act 15”) which is signed by the investor, the designer, the contractor and the supervisor. Act 15 is the document evidencing the delivery and acceptance of the completed works between the contractor and the investor. With it, they certify that the works have been executed in compliance with the approved design, the “as-built” drawings, the legal requirements for the construction works and the terms of the construction contract.
This Certificate called Act 15, the supervisor prepares a final report on the execution of the works. the inside doors are fixed at that stage, as well as the water pipes, electric wiring, central heating, the outdoor and indoor plastering is completed. The executor of the construction works hands over the building to the investor.
Issue of Certificate for Permission for usage (Act 16) – the building is completed in full at that stage. It is examined by government construction authorities if it corresponds to the initial architectural project about which the building permission is received and the other technical requirements and the construction legislation. The buyer could now inhabit the apartment or it could be rented.
These four stages are absolutely obligatory and a must according to the Bulgarian Construction Law and our company provides professional consulting services and negotiaton assistanceship bteween the foreign investors and the construction contractors.
OUR LEGAL PRACTICE – CONSTRUCTION PROCEDURES
Real Estate and Construction
Throughout the years of our practice in the fields of construction law we actively took part into the development of projects, linear and site infrastructure projects, gas stations, environmental and water projects, waste treatment facilities construction projects, etc.
We have experience at all stages of the construction process – from the proper development of a detailed zoning plan procedure, giving the frames of the future construction project, and providing due diligence support to dispute resolution through court and adjudication and less formal resolution procedures.
We are also able to provide legal advice upon the necessary demolition of equipment, whose operation is terminated, and the related consequent land restoration procedures.
We are used to work in each and every step of the construction process, including demolition of lawful buildings and the consequent waste management issues.
Our practice includes legal advice and drafting of
various types of contracts needed for the organization and implementation of the construction process, i.e. design contracts,
design supervision contracts,
construction supervision contracts.
We represent our clients in the negotiations on the specific terms and conditions, rights, obligations and responsibilities of the participants in the construction process.
Our team coordinates the necessary matters with civil engineers, designers and other experts who help us deliver first class and effective legal support.
LAST changes in the construction law in Bulgaria
Аfter it came into force last month, changes in the law on spatial planning, which set the functions of the Ministry of regional development and the new Ministry of investment design, the management decided to make new revisions in the law.
The legal act to be divided into two separate, one will govern the territory, and the other will affect the investment process in construction.
Before that, however, will be prepared a “map” of the problems in the legislation and the obstacles placed in front of the business. On this basis will be made and changes in legislation to alleviate regulatory regimes.
The deputy hopes that with the new changes in the law will stimulate investment in construction. In his words, the decline of investments is not due only to the crisis, and the conditions under which they are forced to operate at the moment investors – without predictability in terms of time for the realization of the projects, their price, as well as participants in the entire investment process.
Another major problem that hinders the investments, is the lack of general development plans of municipalities. A total of 262 municipalities, 220 do not have urban plans, which investors must demonstrate the compatibility of the projects, the territory.
Regardless of whether you are a contractor with a changed conditions claim, an owner of a real estate property on where a landslide occurred and caused damage to another property we can help and consult you.
If you have any Construction Law issues and you need an expert lawyer to protect your rights all you have to do is to contact our Bulgarian law office.
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We will respond as soon as possible, but no later than one business day. International Law Office D. Vladimirov & Partners will provide you with protection of your interests and adequate legal assistance.
International Law Office D.Vladimirov & Partners | Lawyers | Address: 6 Alexander Zhendov Street, 1113 Sofia, Bulgaria Mobile Phone: +359 897 90 43 91 | Fax: +359 2 858 10 25 | Email: firstname.lastname@example.org
The Law Firm represents clients throughout Bulgaria, including the cities of Sofia, Plovdiv, Varna, Burgas, Rousse, Stara Zagora, Pleven, Yablanitsa and etc.
The information contained in this website is for general information purposes only. The information is provided by “International Law Office D.Vladimirov & Partners” and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
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