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Bulgarian Administrative Procedure Code, part 2
Last update: 2008-08-21 02:49:03
Section II
General Administrative Acts
General Administrative Act Defined
Article 65. "General administrative acts" shall be the administrative acts of a single legal effect whereby rights or obligations are created or rights, freedoms or legitimate interests of an indefinite number of persons are affected, as well as the refusals to issue such acts.
Notification of Forthcoming Issuance of General Administrative Act
Article 66. (1) The initiation of the proceeding for the issuance of a general administrative act shall be made public through the mass communication media, through dispatch of the draft to organizations of the persons concerned, or in another suitable way.
(2) Any notification under Paragraph (1) shall furthermore include the principal considerations for issuance of the act, as well as the forms of participation of the persons concerned in the proceeding.
(3) Any notification under Paragraph (1) in respect of general administrative acts within the competence of the Council of Ministers shall be effected by the competent government minister who proposes the act.
Representation of Persons Concerned
Article 67. The organizations referred to in Article 66 (1) herein may represent the persons concerned in the proceeding for the issuance and administrative appeal of the administrative act.
Right to Access to Information in Case File
Article 68. Save insofar as otherwise provided for in a special law, the persons concerned and the organizations thereof shall have the right to access to the entire information contained in the case file on the issuance of the general administrative act.
Forms of Participation of Persons Concerned in Proceeding
Article 69. (1) The administrative authority shall designate and make public, according to the procedure established in Article 66 (1) herein, one or more of the following forms of participation of the persons concerned in the proceeding for the issuance of the act:
1. written proposals and objections;
2. participation in advisory bodies assisting the authority issuing the act;
3. attendance of sessions of the authority issuing the act, where the said authority is collective;
4. public debate.
(2) The administrative authority shall afford the persons concerned an opportunity to exercise the right thereof to participation within a reasonable time limit set by the administrative authority which may not be shorter than one month after the day of notification under Article 66 herein.
Participation in Proceeding of Persons Concerned from Neighbouring State
Article 70. (1) Where the administrative act is likely to affect rights, freedoms or legitimate interests of an indefinite number of persons within the territory of a neighbouring State, the administrative procedure for participation in the proceeding for the issuance of the administrative act, regulated in this Section, must be accessible to the persons concerned in the relevant State on a basis of reciprocity.
(2) Upon request, the administrative authority shall provide the information covered under Article 68 herein to the persons concerned in the neighbouring State.
(3) Notification under Article 66 herein shall be effected simultaneously with the notification of the Bulgarian citizens. Any such notification may be effected directly by all suitable means, subject to the condition that the provisions or the practice of contacts between the two States allow this, or through the agency of the relevant authorities of the neighbouring State.
(4) The agreements on representation, concluded between the two countries, shall apply upon the representation of the persons concerned who are citizens of the neighbouring State.
(5) The persons concerned of the neighbouring State may submit the proposals and objections thereof directly, according to the rules of this Section, or through the agency of the authorities of the neighbouring State.
(6) The administrative authority may provide the information referred to in Paragraph (2) to the persons concerned of the neighbouring State in the Bulgarian language. Any proposals and objections may be submitted in a foreign language as well.
(7) The persons concerned of the neighbouring State shall be notified of the issuance of the administrative act according to the procedure established by Paragraph (3).
(8) The legal remedies available to the persons concerned of the neighbouring States and to the Bulgarian citizens shall be identical.
Consideration of Proposals and Objections and Issuance of Act
Article 71. A general administrative act shall be issued after clarification of the facts and circumstances relevant to the case and consideration of the proposals and objections by the individuals concerned and the organizations thereof.
Communication of Act
Article 72. (1) The content of the general administrative act shall be communicated according to the procedure according to which the notification under Article 66 herein was effected.
(2) If separate individuals or organizations concerned have participated in the proceeding through proposals, objections or in another way, a separate communication on the issuance of the act shall be transmitted thereto.
Urgently Issued General Administrative Act
Article 73. Where a general administrative act must be urgently issued in order to prevent or cease violations affecting national security and public order, to safeguard the life, health and property of individuals or for emergency management, some of the provisions of this Section on notification and participation of persons concerned in the proceeding for the issuance of the act may not be observed. In such cases, the considerations for the issuance of the act shall be made public in the course of the enforcement thereof.
Subsidiary Application
Article 74. Section I of this Chapter shall apply to any matters unregulated in this Section.
Section III
Statutory Administrative Acts
Statutory Administrative Act Defined
Article 75. (1) "Statutory administrative acts" shall be administrative acts of secondary legislation which contain administrative-law standards, concern an indefinite and unlimited number of addressees, and have a multi-occasion legal effect.
(2) Statutory administrative acts shall be issued for the application of a law or a higher-tier statutory instrument of secondary legislation.
(3) Each statutory administrative act shall have a title which shall specify the type and the issuer of the act and the principal subject matter thereof.
(4) Each statutory administrative act, with the exception of the statutory acts whereby other statutory acts are amended, supplemented or repealed, shall specify the legal basis for the issuance thereof.
Competent Authority
Article 76. (1) Statutory administrative acts shall be issued by authorities expressly empowered by the Constitution or a law.
(2) The competence to issue statutory administrative acts may not be transferred.
(3) The municipal councils shall issue statutory acts regulating social relations of local importance in conformity with the higher-tier statutory acts.
Procedure for Issuance
Article 77. The competent authority shall issue the statutory administrative act after considering the draft together with the opinions, proposals and objections submitted.
Authentication and Promulgation of Acts
Article 78. (1) The text of the statutory administrative act, as well as the adoption thereof according to the duly established procedure, shall be authenticated:
1. applicable to a Council of Ministers decree: by the Prime Minister;
2. applicable to the other statutory administrative acts: by the issuing authority or, where the said authority is collective, by the chairperson thereof.
(2) The statutory administrative acts, except those of the municipal councils, shall be promulgated in the State Gazette.
(3) The statutory administrative acts of the municipal councils shall be made public through the local print media or in another suitable way.
Repeal, Amendment and Supplementation
Article 79. Statutory administrative acts shall be repealed, amended and supplemented by an express provision of a succeeding statutory act.
Subsidiary Application of the Statutory Instruments Act
Article 80. The provisions of the Statutory Instruments Act shall apply to any matter unregulated in this Section.
Chapter Six
ADMINISTRATIVE CONTESTATION OF ADMINISTRATIVE ACTS
Contestation to Superior Administrative Authority
Article 81. (1) Individual and general administrative acts may be contested according to an administrative procedure to the immediately superior administrative authority.
(2) The content of a document may likewise be contested according to an administrative procedure.
Exclusions from Scope of Administrative Contestation
Article 82. (1) The following acts shall not be contestable according to the administrative procedure provided for in this Code:
1. any acts of the President of the Republic and of the Chairperson of the National Assembly;
2. any acts of the Council of Ministers, the Prime Minister, the Deputy Prime Ministers, the government ministers and the heads of other central-government departments and bodies under the direct orders of the Council of Ministers;
3. any acts of the Governor of the Bulgarian National Bank and the President of the National Audit Office;
4. any acts of the Supreme Judicial Council;
5. any acts of the regional governors;
6. any acts in respect of which a special law provides for direct contestation before a court of law.
(2) The acts of the authorities which have no superior administrative authority shall not be subject to contestation according to an administrative procedure.
Contestants
Article 83. (1) The persons concerned may lodge an appeal against the administrative act.
(2) An appeal may contest both the legal conformity and the expediency of the administrative act.
(3) A prosecutor may lodge a protest solely regarding the legal conformity of the administrative act.
Form of Appeal and Protest. Time Limit for Contestation
Article 84. (1) An appeal or a protest shall be lodged in writing through the agency of the administrative authority whereof the act is contested, within fourteen days after communication of the said act to the persons and organizations concerned.
(2) A tacit refusal or a tacit consent may be contested within one month after the expiry of the time limit where within the administrative authority was obligated to pronounce.
Appeal and Protest Content
Article 85. (1) An appeal and a protest shall be written in the Bulgarian language and shall state:
1. the forename, patronymic and surname, telephone number, telefax number and electronic mail address, if available - applicable to Bulgarian citizens or, respectively, the name and position of the prosecutor, the telephone number, telefax number or telex number, if available;
2. the full name and the personal number - applicable to a foreigner, and the address declared to the relevant administration, telephone number, telefax number and electronic mail address, if available;
3. the business name of the merchant or the designation of the legal person, written in the Bulgarian language as well, the registered office and the address of the place of management last named in the relevant register, and the electronic mail address thereof;
4. the act which is contested and the authority which has issued the said act;
5. the authority wherewith the appeal or protest is lodged;
6. the objections and the grounds thereof;
7. the request;
8. signature of the submitter.
(2) An appeal or a protest may request the collection of evidence supporting the requests contained therein, or the consideration of facts and circumstances which were ignored by the administrative authority upon the issuance of the act or which have occurred after the issuance thereof.
(3) All evidence which is relevant to the request or which was not presented to the authority which has issued the administrative act contested may be collected in the proceeding before the superior administrative authority.
Attachments
Article 86. The following shall be attached to an appeal or a protest:
1. power of attorney, where the appeal is lodged through the agency of an authorized representative;
2. certificate of registration and current status of the merchant of the legal person;
3. documentary proof of stamp duty paid, where such is due;
4. transcripts of the appeal or protest and the written evidence for the rest of the parties.
Non-conforming Appeal and Protest
Article 87. (1) If an appeal or a protest does not conform to the requirements of Articles 85 and 86 herein, a communication shall be dispatched to the submitters on curing the non-conformities within seven days after receipt of the communication.
(2) Where the submitter's address is not named, notification under Paragraph (1) shall b effected by means of posting of a notice at the place designated for this purpose in the building of the administrative authority in the course of seven days.
(3) If the submitter fails to cure the non-conformities, the appeal or protest, together with the attachments, shall be returned, and if the address is incomplete the said documents shall be left at the records office of the authority at the disposal of the submitter.
Appeal and Protest Left without Consideration
Article 88. (1) An appeal and protest shall be left without consideration where:
1. they are not under the jurisdiction of the superior administrative authority;
2. they were submitted after expiry of the time limit referred to in Article 84 herein;
3. the submitter has no standing to appeal;
4. the submitter withdraws the appeal or protest by a written submission.
(2) In the cases referred to in Item 1 of Paragraph (1), the appeal or protest shall be forwarded to the competent authority, and in the rest of the cases the proceeding shall be terminated by the superior administrative authority.
(3) The act on termination may be contested within seven days after the communication thereof by an interlocutory appeal or by a protest before the competent court, which shall render a ruling which shall be unappealable.
Resumption of Time Limit
Article 89. (1) In the cases referred to in Item 2 of Article 88 (1) herein, the appellant may request resumption of the time limit within seven days after communication of the act on termination of the proceeding, if non-compliance with the said time limit is due to special unforeseen circumstances. The returned appeal shall be attached to any such request.
(2) The request shall be considered by the administrative authority which is competent to consider the appeal.
Enforcement of Act Barred
Article 90. (1) The administrative acts shall not be enforced prior to the expiry of the time limits for the contestation thereof or, where an appeal or a protest has been lodged, until resolution of the dispute by the relevant authority.
(2) This rule shall not apply where:
1. all parties concerned request in writing an anticipatory enforcement of the act;
2. an anticipatory enforcement of the act is admitted by a law or by a direction under Article 60 herein.
(3) In the cases referred to in Item 2 of Paragraph (2), the superior administrative authority, acting at the request of the contestant, may stay the anticipatory enforcement if this is required by the public interest or would inflict an irreparable detriment on an affected person.
Review of Act
Article 91. (1) Within seven days or, where the authority is collective, within fourteen days after receipt of the appeal or protest, the administrative authority may review the matter and withdraw on its own initiative the contested act, revoke or amend the said act, or issue the relevant act, if the said authority has refused to issue the said act, and notify the parties concerned of this.
(2) The new act shall be contestable according to the procedure established by this Code. In such cases, a second review of the act shall be inadmissible.
Forwarding of Case File
Article 92. (1) Where the administrative authority finds no grounds to re-address the matter, the said authority shall immediately forward the appeal or protest together with the entire case file to the competent superior administrative authority.
(2) Unless the entire case file is forwarded to the competent superior administrative authority within three days after expiry of the time limit referred to in Article 91 (1) herein, the appellant may transmit a transcript of the appeal, and the prosecutor may transmit a transcript of the protest, directly to the superior authority, which shall immediately require transmittal of the case file.
Competent Authority
Article 93. (1) The administrative authority immediately superior to the authority which has issued the contested act shall be competent to consider the appeal or protest.
(2) The administrative acts of mayoralty mayors and borough mayors shall be contested before the municipality mayor.
(3) The administrative acts of the specialized executive bodies of the municipality shall be contested before the municipality mayor.
(4) The administrative acts of municipality mayors shall be contested before the regional governor.
(5) A refusal by an organization to issue an administrative act may be contested before the relevant administrative authority depending on the nature of the matters treated by the contested act.
Commission on Consideration of Case
Article 94. In cases presenting a factual or legal complexity, the authority competent to consider the appeal or protest may appoint a commission to enquire into and examine the case. The said commission shall consist of not fewer than three members, of whom one shall be a qualified lawyer and two shall be experts in the relevant sphere, and at least one of the experts shall be a person who does not work at the relevant administration.
Commission's Opinion
Article 95. (1) Within a time limit as the competent authority shall set, the commission shall examine the case file with the objections to the appeal or protest and the written evidence attached thereto, shall collect new evidence and, if need be, shall prepare a reasoned written opinion on the legal conformity and expediency of the contested administrative act.
(2) The opinion shall be signed by all members of the commission and shall be made available to the administrative authority.
Hearing
Article 96. The persons concerned may be given a hearing by the authority competent to consider the appeal or protest within a reasonable time limit. A memorandum shall be drawn up on any such hearing.
Pronouncement by Competent Authority
Article 97. (1) Within two weeks after receipt of the case file, where single-person, or within one month, where collective, the authority competent to consider the appeal or protest shall rended a reasoned decision, whereby the said authority shall pronounce the contested act void, shall revoke the said act in whole or in part as legally non-conforming or inexpedient, or shall reject the appeal or protest.
(2) The authority competent to consider the appeal or protest shall consider the matter on the merits, unless the requested act lies within the express competence of an inferior authority.
(3) Where the administrative authority has wrongfully refused to issue a document, the authority competent to consider the appeal or protest shall direct the said authority to do so, furthermore setting a time limit for the issuance of the document.
(4) Where the authority competent to consider the appeal or protest sets aside the opinion of the commission, the said authority shall set forth its reasoning for doing so.
(5) Where the authority competent to consider the appeal or protest fails to pronounce within the time limit referred to in Paragraph (1), the legal conformity of the administrative act may be contested before the court through the agency of the administrative authority which issued the act, if the said act is subject to judicial contestation.
Communication of Decision and Appeal
Article 98. (1) The decision of the authority competent to consider the appeal or protest shall be communicated immediately to the contesting party and to the other persons concerned.
(2) Where the matter has been addressed on the merits, the decision of the authority competent to consider the appeal or protest shall be contestable before the court as to legal conformity. If the appeal or protest has been rejected, the original administrative act shall be contestable before the court.
Chapter Seven
RESUMPTION OF PROCEEDINGS FOR ISSUANCE OF ADMINISTRATIVE ACTS
Grounds for Resumption
Article 99. Any effective individual or general administrative act, which has not been contested before the court, may be revoked or modified by the immediately superior administrative authority, and if the act was not subject to administrative contestation, by the authority which issued the said act:
1. where some of the requirements for the legal conformity of the said act has been materially breached;
2. upon discovery of any new circumstances or new written evidence of material relevance to the issuance of the act, which could not have been known to the party to the administrative proceeding when the administrative authority addressed the matter;
3. upon ascertainment, according to the duly established judicial procedure, of a criminal act committed by the party, by the representative thereof or by the administrative authority, where single-person, or of a member of the composition thereof, where collective, which has had an impact on the addressing of the subject matter of the administrative proceeding;
4. if the administrative act is based on a document which has been pronounced forged according to the duly established judicial procedure, or on an act of a court or another institution of State which was subsequently revoked;
5. if the identical administrative authority has issued another effective administrative act on the identical matter and on identical grounds in respect of the identical persons which is in conflict with the administrative act concerned;
6. if, consequent to the breach of the administrative procedure rules, the party was deprived of the possibility to participate in the administrative proceeding or was not duly represented, as well as where the party was unable to participate in person or through an authorized representative by reason of an obstacle that the party cannot remove;
7. if the European Court of Human Rights has found, by judgment, any violation of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Resumption Initiative
Article 100. In the cases referred to in Item 1 of Article 99 herein, the administrative proceeding shall be resumed on the initiative of the administrative authority or at the request of the competent prosecutor or by the ombudsman, and in the cases referred to in Items 2 to 7 of Article 99 herein, alternatively at the request of a party to the proceeding.
Request for Resumption by Person Who Did Not Participate in Proceeding
Article 101. Resumption of the administrative proceeding may furthermore be requested by a person in respect of whom the administrative act is in effect, even though the said person was not a party to the proceeding.
Time Limit for Institution of Resumption Proceeding
Article 102. (1) The proceeding can be resumed under Item 1 of Article 99 herein within one month after the date of entry of the act into effect.
(2) The proceeding can be resumed under Items 2 to 7 of Article 99 herein within three months after learning of the circumstance which serves as grounds for revocation or modification of the administrative act but not later than one year after occurrence of the said grounds. Where occurrence of the grounds precedes the issuance of the administrative act, the time limit for resumption shall begin to run as from the date of entry of the act into effect.
Resumption Proceeding
Article 103. (1) Acting on its own initiative, the administrative authority shall constitute the third parties which have acquired rights under the administrative act as a party to the proceeding.
(2) The administrative authority shall consider the request for resumption according to the procedure established by Chapter Six herein.
(3) A refusal to admit resumption shall be contestable according to the procedure established by Section IV of Chapter Ten herein.
(4) If the request for resumption is justified, the proceeding shall be resumed according to the procedure established by Chapter Five herein.
(5) In the case referred to in Item 5 of Article 99 herein, the legally non-conforming administrative act shall be revoked.
Contestation of New Administrative Act
Article 104. The new administrative act, issued upon the resumption of the proceeding, or the refusal to issue such an act, as the case may be, shall be contestable according to the procedure established by this Code.
Respect for Third Parties' Rights
Article 105. The revocation or modification of the administrative act according to the procedure established by this Chapter may not affect the rights acquired by bona fide third parties.
Administrative Act Contested before Court
Article 106. Where the administrative act or the refusal to issue an act, as the case may be, has been contested before the court, Chapter Fourteen herein shall apply to the resumption.
Chapter Eight
PROPOSALS AND ALERTS
Section I
General Dispositions
Subject Matter and Scope
Article 107. (1) The proposals and alerts submitted to administrative authorities, as well as to other authorities performing functions at public law, shall be considered according to the procedure established by this Chapter.
(2) This Chapter shall not apply to any proposals and alerts which must be considered and addressed according to another procedure provided for in a law.
(3) Proposals may be made for improvement of the organization and operation of the authorities referred to in Paragraph (1) or for addressing other matters falling within the competence of the said authorities.
(4) Alerts may be submitted about abuse of power and corruption, mismanagement of State or municipal property and about other legally non-conforming or inexpedient actions or omissions of administrative authorities and officials in the relevant administrations, which affect State or public interests, rights or legitimate interests of other persons.
Principles
Article 108. (1) The authorities referred to in Article 107 (1) herein shall be obligated to consider and address the proposals and alerts within the established time limits objectively and in conformity with the law.
(2) No one may be persecuted solely by reason of submission of a proposal or alert under the terms and according to the procedure established by this Chapter.
Parties
Article 109. Any individual or organization, as well as the ombudsman, may submit a proposal or alert.
Arrangements for Handling Proposals and Alerts
Article 110. (1) The arrangements for handling the proposals and alerts shall be determined in the rules of organization of the authorities referred to in Article 107 (1) herein.
(2) The authorities referred to in Article 107 (1) herein shall be responsible for the overall handling of proposals and alerts.
(3) The authorities referred to in Article 107 (1) herein shall be obligated to receive individuals and representatives of organizations and to hear the proposals and alerts thereof on appointed and preannounced days and hours.
Form of Proposal and Alert
Article 111. (1) The proposals and alerts may be written or verbal, may be submitted in person or through the agency of an authorized representative by telephone, telegraph, telefax or electronic mail.
(2) The proposals submitted according to the procedure established by Paragraph (1) shall be registered.
(3) Where the proposal or alert has to be submitted in writing or to satisfy specific requirements, the submitter shall be given relevant explanations.
(4) No proceeding shall be instituted on anonymous proposals or alerts, as well as on alerts concerning violations committed before a period exceeding two years.
Redirection to Competent Authority
Article 112. The proposals and alerts which have been submitted to a non-competent authority shall be redirected within seven days after the receipt thereof to the competent authorities, unless information is available that the matter has already been referred to the said authorities as well. The submitter of the proposal or alert shall be notified of the redirection.
Limitations
Article 113. Alerts may not be addressed by the authorities or by the officials against whose actions the said alerts have been submitted, unless where the said authorities or officials hold the said alerts to be justified and grant them.
Clarification of Case
Article 114. (1) A decision on a proposal or alert shall be made after the case is clarified and the explanations and objections of the persons concerned are considered.
(2) The authorities where to proposals and alerts have been submitted shall explain to the submitters the rights and obligations thereof.
(3) All means which are not prohibited by the law may be used for ascertainment of the facts and circumstances.
(4) The means for clarification of the case shall be determined by the authority competent to render the decision, unless another statutory instrument prescribes that proving be effected in a specific manner or by specific means.
(5) Organizations shall be obligated to provide the documents, information and explanations requested within the time limit set by the administrative authority competent to render the decision.
(6) Individuals shall be obligated to present the documents requested and to provide information, unless this may injure their rights or legitimate interests or may damage the dignity thereof.
(7) Where the requests are legally non-conforming or unjustified, or may not be granted for objective reasons, the reasoning shall be specified.
Enforcement
Article 115. The authority which has rendered the decision shall take measures for the enforcement of the said decision, determining the manner and time limit for enforcement.
Close of Proceeding
Article 116. The proceeding on proposals and alerts shall close by the enforcement of the decision.
Section II
Proposals
Competence
Article 117. (1) Proposals shall be made to the authorities competent to address the matters raised in the said proposals.
(2) Transcripts of the proposals may be transmitted to superior authorities as well.
Decision
Article 118. (1) A decision on a proposal shall be made not later than two months after the receipt of the said proposal, and the said decision shall be communicated to the submitted within seven days.
(2) Where a longer investigation is required, the time limit for making the decision may be extended by the superior authority to a period not exceeding six months, of which the submitter shall be informed.
(3) The decision rendered on a proposal made shall be unappealable.
Section III
Alerts
Competence
Article 119. (1) Alerts shall be submitted to the authorities which immediately direct and control the authorities and the officials whose legally non-conforming or inexpedient actions or omissions are reported.
(2) At the discretion of the submitter, an alert may furthermore be submitted through the agency of the authority whose action or omission the said alert opposes.
(3) Transcripts of the alerts may be transmitted to superior authorities as well.
Stay of Enforcement
Article 120. An alert as submitted shall not stay the enforcement of the act contested or the performance of a specific activity, unless the authority competent to pronounce directs enforcement to be stayed until rendition of the decision.
Time Limit for Pronouncement
Article 121. A decision on an alert shall be made not later than two months after the receipt thereof. Where particularly important reasons so require, this time limit may be extended by the superior authority by not more than one month, of which the submitter shall be notified.
Decision
Article 122. (1) Granting the alert, the authority shall take immediate measures for rectification of the violation or inexpediency committed, of which the authority shall notify the submitter and the other persons concerned.
(2) Should the authority referred to in Article 119 (2) herein refuse to admit that the alert is justified, the said authority shall transmit the said alert, together with the explanations of the said authority, to the relevant superior authority within one month after the submission of the said alert and shall notify the submitter of the said transmittal.
Communication of Decision
Article 123. (1) The decision on an alert shall be written and reasoned and shall be communicated to the submitter within seven days after the rendition of the said decision.
(2) Where the decision affects rights or legitimate interests of other persons, the said decision shall be communicated to the said persons as well.
(3) Where the alert has been redirected to the competent authority by a National Representative, a Municipal Councillor, a state body, a local self-government body or a mass communication medium, they shall be notified of the decision as well.
(4) Should there be reason to believe that a criminal offence has been committed, the competent prosecutor shall be notified immediately.
Unappealability
Article 124. (1) Any re-submitted alerts on a matter on which a decision has been made shall not be considered unless in connection with the enforcement of the decision or based on new facts and circumstances.
(2) The decision rendered on a specific alert shall be unappealable.
Enforcement
Article 125. (1) The decision on the alert shall be enforced within one month after the rendition thereof. By way of exception, where particularly important reasons so require, this time limit may be extended by the rendering authority by not more than two months, of which the submitter shall be notified.
(2) Upon enforcement of the decision on the alert, the harmful consequences caused by the legally non-conforming or inexpedient actions shall be eliminated. Where this is impossible, the persons affected shall be satisfied in another legal way or shall be provided with explanations on the procedure according to which they should act.
(3) The authority whereto the enforcement of the decision on the alert has been assigned, shall notify the rendering authority of the enforcement.
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