{"id":7771,"date":"2020-03-25T12:00:55","date_gmt":"2020-03-25T12:00:55","guid":{"rendered":"https:\/\/lawfirm-bg.com\/?p=7771"},"modified":"2020-03-27T11:22:05","modified_gmt":"2020-03-27T11:22:05","slug":"%d1%80%d0%b0%d0%b1%d0%be%d1%82%d0%b0-%d1%81%d1%8a%d1%81-%d1%81%d1%8a%d0%b4%d0%b5%d0%b1%d0%bd%d0%b8-%d0%b8%d0%bd%d1%81%d1%82%d0%b8%d1%82%d1%83%d1%86%d0%b8%d0%b8-%d0%b8-%d1%87%d0%b0%d1%81%d1%82%d0%bd","status":"publish","type":"post","link":"https:\/\/lawfirm-bg.com\/en\/%d1%80%d0%b0%d0%b1%d0%be%d1%82%d0%b0-%d1%81%d1%8a%d1%81-%d1%81%d1%8a%d0%b4%d0%b5%d0%b1%d0%bd%d0%b8-%d0%b8%d0%bd%d1%81%d1%82%d0%b8%d1%82%d1%83%d1%86%d0%b8%d0%b8-%d0%b8-%d1%87%d0%b0%d1%81%d1%82%d0%bd\/","title":{"rendered":"Functioning of the judidicial system and private enforcement agents during the state of emergency, declared in Bulgaria"},"content":{"rendered":"

SUSPENSION OF TERMS
\nAccording to the recent Act on Measures and Actions during the state of emergency<\/strong><\/em>, declared with decision by the Bulgarian National Assembly on 13th March 2020, during the period between 13th March 2020 and the official revocation of the state of emergency the following terms are suspended:<\/p>\n

a\/. 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;
\nb\/. 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;
\nc\/. 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;
\nd.\/ terms under the Anti-corruption and Forfeiture of Illegally Acquired Assets Act, related to:
\n\u2022\tsubmission of declarations by public officials and verification of those declarations and the property status, declared therein;
\n\u2022\tproceedings for establishing conflict of interests;
\n\u2022\tproceedings concerning establishing illegally acquired property;
\n\u2022\tproceedings concerning the order for admitting security measures, related to forfeiture of illegally acquired property proceedings, actions taken due to those security measures and the court proceedings for the actual forfeiture in favour of the State;
\nwith the exception of the term under Art. 38, para. 2, section 2, concerning the annual declaration of property and interests for the previous calendar year \u2013 until 15th May.
\ne.\/ terms for submission of declarations by the judges, prosecutors and investigators of property and conflict of interest under Art. 175c, paras. 1-3 Judiciary System Act, with exception of the term under Art. 175c, para. 1, section 2, concerning the annual declaration for the previous calendar year \u2013 until 15th May. <\/p>\n

MEASURES CONCERNING ONGOING COURT PROCEEDINGS<\/strong>
\n1.\tSuspension of some court hearings <\/strong>
\nDuring the period from 16th March until 13th April 2020 no hearings of criminal, civil, commercial and administrative proceedings would be held, with the following exceptions: <\/p>\n

A.\/ Criminal proceedings:<\/strong>
\n\u2022\tUnder Arts. 64, 65, 66 of the Criminal Procedure Code \/hereafter: CPC\/ - coercive measures; Art. 67 CPC - prohibition to approach a victim; Art. 69 \u2013 removal of defendant from office; Art. 70 CPC \u2013 involuntary placement in mental health hospital; Art. 222, 223 CPC \u2013 interrogation of the defendant\/witness before a judge; Art. 270 Criminal Code \u2013 crimes against governmental order; Art. 355 Criminal Code \u2013 crimes concerning violation of regulation issued against the spreading of contagious disease; Art. 427 CPC \u2013 compulsory medical measures;
\n\u2022\tConnected to procedural actions under Art. 146 CPC \u2013 taking samples for comparative examination; Art. 158 CPC \u2013 inspection of a person; Art. 161 CPC \u2013 search and seizure; Art. 164 CPC \u2013 perquisition; Art. 165 CPC \u2013 interception and seizure of correspondence;
\n\u2022\tUnder Art. 72 CPC \u2013 measures for securing fine and forfeiture in favour of the State; Art. 73 CPC \u2013 measures for securing a civil claim;
\n\u2022\tUnder Chapter II of the Health Act; under the Extradition and European Arrest Warrant Act for requests by the arrested or transfer of people; under Art. 7 of the Bulgarian decree on combating minor hooliganism \u2013 appeals against imposed punishments; requests under the Special Investigation Units Act and under Art. 159a CPC for giving information by telecommunication companies.<\/p>\n

B\/. Civil and commercial proceedings<\/strong>
\n\u2022\tFor exercising parental rights related to interim measures;
\n\u2022\tUnder 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;
\n\u2022\tPermission to withdraw money from child\u2019s bank deposits;
\n\u2022\tSecuring a future claim\/or submitted claim; securing evidence;
\n\u2022\tRequests 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.
\n
\nC\/.\tAdministrative proceedings <\/strong>
\n\u2022\tConcerning appeal against orders for permission or rejection of interim execution of an administrative act or suspension of interim execution;
\n\u2022\tConcerning disclosure by the court of tax or social insurance information and proceedings for suspension of the execution of an audit act;
\n\u2022\tConcerning appeal against the legality of detention by the police under the Ministry of Internal Affairs Act;
\n\u2022\tSecuring a future claim\/or submitted claims;
\n\u2022\tSecuring evidence;<\/p>\n

2.\tRescheduling court hearings <\/strong>
\nAll other hearings, falling outside the scope of the exceptions in Chapter 1, would be scheduled for dates, following the period after 13th April, but before the beginning of the judicial vacation, starting on 15th July.
\n
\n3.\tSuspension of serving summons and other court documents<\/strong>
\nNo notifications, summons, messages or other documents should be served during the state of emergency, with the exception of those related to the proceedings abovementioned in A\/., B\/. and C\/. for the period the state of emergency has been declared for, i.e. from 16th March until 13th April 2020 inclusive.
\nAll notifications and messages, concerning the proceedings in A\/., B\/. and C\/., would be served by telephone or via e-mail.
\nFor example, Sofia City Court, has ordered all requests for securing a future claim, submitted claims or evidence and requests under Art. 536 of Civil Procedure Code (protective procedures) to lead to initiation of proceedings, provided that they have been lodged in the court in paper and have been signed by the requesting party.
\nSofia City Court has also established an order for receiving court rulings, concerning security procedures as well as distraint orders \u2013 starting from 17th March until 13th April 2020 inclusive, as the receipt is permitted only in certain hours, i.e. from 10:30h. until 15:30h. <\/p>\n

4.\tChanges in the organization of the courts due to the state of emergency, declared on the territory of Bulgaria <\/strong>
\nEach court issues orders for the regulation of its working organisation during the state of emergency, declared on the territory of Bulgaria, as it operates in accordance with rules, set by their governing bodies, those rules being in conformity with the Supreme Judicial Council\u2019s decision from 15.03.2020, taken during an extraordinary meeting of the Council.
\nThe following changes in the organisation of the courts are made:
\n\u2022\tthe initiation of court proceedings is suspended, with the exception of the proceedings, stated hereinabove in A\/., B\/. and C\/.;
\n\u2022\tlodging all types of documents in the court shall be made only by post or via e-mail (as per the rules of Sofia City Court), with the exception of documents related to security procedures \u2013 only by post;
\n\u2022\tcertificates showing no previous convictions are issued only via e-mail;
\n\u2022\tthe access to the court buildings is forbidden for citizens, parties, expert witnesses, translators, lawyers and all other individuals, with the exception of the subpoenaed parties to the abovementioned proceedings in \/A\/., B\/. and C\/. <\/p>\n

EXTENSION OF TERMS<\/strong>
\nAs of the revocation of the state of emergency the following terms would be extended with one month:
\na.\/ terms, stipulated by the law, with the exception of those mentioned above in the Chapter \u201cSuspension of terms\u201d, which expire during the state of emergency and are related to exercise of rights or fulfilment of obligations by private persons and entities;
\nb.\/ the effect of administrative acts which is limited in time and expires during the state of emergency. <\/p>\n

PENDING ENFORCEMENT PROCEEDINGS<\/strong><\/p>\n

1.\tSuspension of public sales and entries into possession <\/strong>
\nAll announced public sales and entries into possession by public and private enforcement agents are suspended. After the revocation of the state of emergency all postponed public sales and entries into possession should be scheduled for a new date, nevertheless no new fees and charges would be due. <\/p>\n

2.\tRestrictions on distraints <\/strong>
\nDuring the state of emergency distraints on bank accounts of natural persons and bank accounts of medical establishments, distraints on labour remunerations and pensions, interim measures on medical apparatuses and equipment cannot be imposed. <\/p>\n

3.\tRestrictions on property inventory<\/strong>
\nProperty inventory of movable and immovable property, owned by natural persons, is not allowed, with the exception of the following cases: when it concerns maintenance obligations, claims for damages or employment remuneration.
\nNB! The Article, regulating the abovementioned suspension and restrictions in p. 1, 2 and 3, comes into force from the day of the promulgation of the Act in the Official Gazzette and is enforceable until the official revocation of the state of emergency.
\n<\/p>","protected":false},"excerpt":{"rendered":"

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