The current presentation represents an addition to the article “Functioning of the judicial system and private enforcement agents during the state of emergency, declared in Bulgaria”, published on March 25th 2020 on “Kinkin and partners” website, and depicts the amendments and supplements in the Act on Measures and Actions during the State of emergency, declared with decision by the Bulgarian National Assembly on 13th March 2020, promulgated in the Official Gazette on April 09th 2020, which concern the present topic.
NB! The current presentation is consistent with the legislation in force as of April 23rd 2020.
SUSPENSION OF TERMS
1. Procedural terms for court, arbitral and enforcement proceedings
Former text:
In the first version of the Act on Measures and Actions during the State of emergency, declared with decision by the Bulgarian National Assembly on 13th March 2020, it was stipulated that during the period between 13th March 2020 and the official revocation of the state of emergency the following terms are suspended: ”procedural terms for court, arbitral and enforcement proceedings, with the exception of the terms for criminal proceedings, proceedings under the Extradition and European Arrest Warrant Act and proceedings concerning coercive measures”.
Present text:
Pursuant to the amendments in the Act on Measures and Actions during the State of emergency it was stipulated that during the period between 13th March 2020 and the official revocation of the state of emergency the following terms are suspended: “procedural terms for court, arbitral and enforcement proceedings, with the exception of the terms for the procedures and proceedings according to the Appendix”. The following procedures and proceedings are included in the Appendix:
A./ Criminal proceedings:
• Under Arts. 64 and 65 of the Criminal Procedure Code – coercive measures; and Art. 270 Criminal Code – crimes against governmental order;
• Under Art. 66 of the Criminal Procedure Code – consequences of the non-performance of obligations concerning the coercive measures;
• Under Art. 67 of the Criminal Procedure Code – prohibition to approach a victim;
• Under Art. 68 of the Criminal Procedure Code – prohibition to leave the country;
• Under Art. 69 of the Criminal Procedure Code – removal of defendant from office;
• Under Art. 70 of the Criminal Procedure Code – involuntary placement in mental health hospital;
• Under Art. 72 of the Criminal Procedure Code – measures for securing fine and forfeiture in favour of the State; under Art. 73 of the Criminal Procedure Code – measures for securing a civil claim;
• Under Art. 222 of the Criminal Procedure Code – interrogation of the defendant before a judge;
• Under Art. 223 of the Criminal Procedure Code – interrogation of the witness before a judge;
• Under Art. 427 of the Criminal Procedure Code – compulsory medical measures;
• Under Chapter V, Section II of the Health Act – compulsory placement and treatment in hospital;
• Under the Extradition and European Arrest Warrant Act for requests, regarding arrest or extradition of people;
• Under the Recognition, execution and sending of judicial acts for imposing imprisonment or measures that include imprisonment;
• Under Art. 7 of the Bulgarian decree on combating minor hooliganism;
• Under Art. 225 (6) of the Criminal Code – crimes concerning speculation during state of emergency;
• Under Art. 326 (2) of the Criminal Code – sanctions for spreading through radio, telephone or by other means false or misleading information about aid, accident or alarm;
• Under Art. 355 of the Criminal Code – crimes concerning violation of regulation issued against the spreading of contagious disease;
• Requests under the Special Investigation Units Act and under Art. 159a of the Criminal Procedure Code for giving information by telecommunication companies;
• Connected to procedural actions under Art. 146 of the Criminal Procedure Code – taking samples for comparative examination; Art. 158 of the Criminal Procedure Code – inspection of a person; Art. 161 of the Criminal Procedure Code – search and seizure; Art. 164 of the Criminal Procedure Code – perquisition; Art. 165 Criminal Procedure Code – interception and seizure of correspondence;
• Appeals against criminal decrees issued in connection with the declared state of emergency;
• Under Art. 437 of the Criminal Procedure Code – early release cases under Arts. 70 and 71 of the Criminal Code;
B/. Civil and commercial proceedings:
• For exercising parental rights related to interim measures;
• Under the Protection Against Domestic Violence Act - only related to order for immediate protection or its amendment, as well as in cases, regarding rejections of requests for protection;
• Permission to withdraw money from child’s bank deposits;
• Securing a future claim/or submitted claim;
• Securing evidence;
• Requests under the Electronic Communications Act and under Art. 19, para. 6, in connection to Art. 5 of Commercial Register and Register of Non-profit Legal Entities Act, in connection to Art. 536 of Code of Civil Procedure;
• Under Art. 62 (3) Credit Institutions Act – concerning the safeguard of bank secrecy by bank employees, members of the management and supervisory bodies of the bank, Bulgarian National Bank office holders, employees and members of the management body of the Bulgarian deposit insurance fund, liquidators, temporary assignees and assignees in bankruptcy, and all other employees in the bank;
C/. Administrative proceedings
• Under Arts. 60 and 160 of the Administrative Procedure Code – concerning appeal against orders for permission or rejection of interim execution of an administrative act or suspension of interim execution;
• Under Arts. 75 and 157 of the Tax and Social Insurance Procedure Code – concerning disclosure by the court of tax or social insurance information and proceedings for suspension of the execution of an audit act;
• Under Art. 72 of the Ministry of Internal Affairs Act – concerning appeal against the legality of detention by the police;
• Securing a future claim/or submitted claims;
• Securing evidence;
• Under Art. 111 of the Execution of Penalties and Detention in Custody Act, concerning contest of the disciplinary punishment order, regarding isolation in a prison cell;
• Under Art. 252 of the Administrative Procedure Code – concerning the protection against unlawful actions by administrative body or official;
• Under the e Public Procurement Act;
• Under the Concessions Act;
• Under the Management of Funding from the European Structural and Investment Funds Act;
• Under Chapter III of the State Property Act and Chapter III of the Municipal Property Act – concerning the expropriation of private property for state or municipal needs;
• Under the Electoral Code;
• Appeal of acts for establishing public takings;
• Under Art. 215 of the Spatial Development Act – appealing acts for construction permissions and approved and/or amended detailed development acts;
• Appeal of administrative acts issued in connection with the declared state of emergency;
• Under Chapter XIII of the Administrative Procedure Code – concerning appeals against court orders;
NB! During the state of emergency until its official revocation all hearings under the exceptions in A/., B/. and C/., stated hereinabove, would be held.
NB! All terms, stated in the former text of the Act, that were considered suspended from the beginning of the state of emergency until the current amendments and supplements in the Act on Measures and Actions during the State of emergency, declared with decision by the Bulgarian National Assembly on 13th March 2020, promulgated in the Official Gazette on April 09th 2020, shall start running again once 7 days have passed after the promulgation in the Official Gazette.
2. Limitation periods
Former text:
In the first version of the Act on Measures and Actions during the State of emergency, declared with decision by the Bulgarian National Assembly on 13th March 2020, it was stipulated that during the period between 13th March 2020 and the official revocation of the state of emergency the following terms are suspended: “limitation periods and other terms, stipulated in statutory legal acts, by the virtue of whose expiration rights of private law subjects are lapsed or terminated or obligations for the latter are imposed, with the exception of the terms under the Criminal Code and the Administrative Violations and Sanctions Act”.
Present text:
Pursuant to the amendments in the Act on Measures and Actions during the State of emergency it was stipulated that during the period between 13th March 2020 and the official revocation of the state of emergency the following terms are suspended: “limitation periods by the virtue of whose expiration rights of private law subjects are terminated or gained”.
NB! All “other terms” included in the Act on Measures and Actions during the State of emergency before the current amendment that were considered suspended from the beginning of the e state of emergency until the current amendments and supplements in the Act on Measures and Actions during the State of emergency, declared with decision by the Bulgarian National Assembly on 13th March 2020, promulgated in the Official Gazette on April 09th 2020, shall start running again once 7 days have passed after the promulgation in the Official Gazette.
3. Terms for executing instructions, given by an administrative authority to parties or participants in proceedings
Former text
In the first version of the Act on Measures and Actions during the State of emergency, declared with decision by the Bulgarian National Assembly on 13th March 2020, it was stipulated that during the period between 13th March 2020 and the official revocation of the state of emergency the following terms are suspended: “terms for executing instructions, given by an administrative authority to parties or participants in proceedings, with the exception of proceedings under the Management of Funding from the European Structural and Investment Funds Act”.
Present text:
The abovementioned former text was abrogated and all terms under that article that were considered suspended from the beginning of the state of emergency until the current amendments and supplements in the Act on Measures and Actions during the State of emergency, declared with decision by the Bulgarian National Assembly on 13th March 2020, promulgated in the Official Gazette on April 09th 2020, shall start running again once 7 days have passed after the promulgation in the Official Gazette.
4. Terms under the Anti-corruption and Forfeiture of Illegally Acquired Assets Act and the Judiciary System Act
During the period between 13th March 2020 and the official revocation of the state of emergency e all terms under Chapter V - Section I and III, Chapter VIII - Section V, Chapter X and XII - Sections I, II and IV of the Anti-corruption and Forfeiture of Illegally Acquired Assets Act with the exception of the term under Art. 38, para. 2, section 2 are suspended. The same applies for the terms under Art. 175c, paras. 1-3 of the Judiciary System Act, with exception of the term under Art. 175c, para. 1, section 2.
MEASURES CONCERNING ONGOING COURT PROCEEDINGS
1. Suspension of some court hearings
During the period from 16th March until the revocation of the state of emergency no hearings of criminal, civil, commercial and administrative proceedings would be held, with the abovementioned exceptions in A/., B/. and C./ Notifications, summons, messages or other documents related to the exceptions above should be served during the state of emergency.
2. Rescheduling court hearings
All other hearings, falling outside the scope of the exceptions in A/., B/. and C./, would be scheduled for dates, following 13th May. It was stipulated that this year there would be no judicial vacation, as a result of which hearings would be held in the period between 15th July - 1st September as well.
3. Public hearings
Pursuant to the amendments in the Act on Measures and Actions during the State of emergency it was stipulated that until the official revocation of the state of emergency the following hearings would be held:
a/. sessions of state and municipal bodies, councils, committees, including management and supervisory bodies of funds, accounts, and other bodies that are not legal entities and their decisions could be taken remotely;
b/. court hearings under the exceptions above, including also those of the Commission for Protection of Competition.
In order such hearings to be held, direct and virtual participation of the parties in the proceedings should be ensured, as well as compliance with the requirements for quorum and voting, regarding the sessions, stated in a/. above.
EXTENSION OF TERMS
1. Extension of terms for limited list of procedures
In the first version of the Act on Measures and Actions during the State of emergency, declared with decision by the Bulgarian National Assembly on 13th March 2020, it was stipulated that the following terms are extended with one month as of the official revocation of the state of emergency:
a./ terms, stipulated by the law, with the exception of those mentioned above in the Chapter “Suspension of terms”, which expire during the state of emergency and are related to exercise of rights or fulfilment of obligations by private persons and entities;
b/. the effect of administrative acts which is limited in time and expires during the state of emergency
2. Procedures with no time extension
Pursuant to the amendments in the Act on Measures and Actions during the State of emergency it was stipulated that terms under the following procedures would not be extended:
• Awarding of public procurements;
• Concession procedures;
• Under the Management of Funding from the European Structural and Investment Funds Act;
• Under Chapter III of the State Property Act;
• Under Chapter III of the Municipal Property Act;
• Under the Agricultural Producers Support Act;
• Under the Agricultural Land Ownership and Use Act;
• Under the Forestry Act;
• Under the Act on implementing of the Common organization of agricultural markets of the European Union;
• Under the Veterinary Practice Act;
• Under the Spatial Development Act;
• Under the Protection of Competition Act;
• Under acts connected to the abovementioned acts;
NB! The amendment in the Act on Measures and Actions during the State of emergency, regarding the procedures with no time extension, comes into force from 17th April 2020.
PENDING ENFORCEMENT PROCEEDINGS
Pursuant to the latest amendments in the Act on Measures and Actions during the State of emergency it was supplemented that the execution of the obligation, regarding transfer of a child or of the following return of a child under the Code of Civil Procedure is not suspended.
NB! All actions that were taken between the declaring of the state of emergency by the Bulgarian National Assembly on 13th March 2020 and the promulgation of the amendments and supplements in the Act on Measures and Actions during the State of emergency in the Official Gazette on April 09th 2020 remain in force.
