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Bulgarian Administrative Procedure Code, part 4
Last update: 2008-08-21 02:44:47
Section II
Reversal on Motion by Third Party
Subject of Reversal
Article 245. (1) Reversibility on a motion by a third party shall apply to effective judgments of court and judicial settlements.
(2) The effective judicial acts rendered by a five-judge panel of the Supreme Administrative Court shall be reversible by a seven-judge panel of the same Court, with the exception of any judgments rendered on contestation of a statutory instrument of secondary legislation.
(3) Any effective judgments rendered by a seven-judge panel of the Supreme Administrative Court shall be irreversible.
Right to Motion for Reversal
Article 246. (1) A right to motion for reversal shall vest in any person whereto the judgment of settlement is effective and adverse, even if the said person was not a party to the case.
(2) A third party may motion for reversal of a judgment on declaration of nullity or on revocation of a general administrative act or of a settlement on the act if the contestation was duly communicated according to the procedure established by Article 181 (1) herein.
Proceeding on Motion
Article 247. The provisions of Articles 240 to 243 herein shall apply to the time limits, form, submission and examination of the motion.
Adjudication in Motion
Article 248. (1) If it finds the motion to be legally sound, the Supreme Administrative Court shall reverse the judgment in whole or in part and shall refer the case back to the court of first instance for re-examination by a different panel as from the commencement of the court proceeding.
(2) The judgment on the motion shall be unappealable.
Subsidiary Application
Article 249. The provisions on first-instance proceeding shall apply, mutatis mutandis, to any matters unregulated in this Chapter.
Chapter Fifteen
REMEDIES AGAINST UNWARRANTED ACTIONS AND OMISSIONS BY THE ADMINISTRATION
Section I
Remedies against Unwarranted Actions
Right to Motion
Article 250. (1) Any person who has standing may motion for the cessation of actions performed by an administrative authority or an official which are not warranted by an administrative act or by the law.
(2) Any person who has standing may motion for ascertainment of a conflict of interest and undertaking of the measures provided for in the law.
Submission of Motion
Article 251. (1) The motion shall be submitted in writing to the administrative court exercising jurisdiction over the place of performance of the actions.
(2) The motion for ascertainment of a conflict of interest of a civil servant shall be submitted to a judge of the competent administrative court.
(3) Any such motion shall be entered into a special book, noting the exact time of receipt and the submitter.
Examination of Motion
Article 252. (1) The motion shall be examined by a judge without delay.
(2) The court shall obligate the administrative authority or the official who performs the unwarranted actions, as well as upon a motion for ascertainment of a conflict of interest, to provide immediately data on the grounds of the actions performed.
(3) The court may verify, through the authorities of the police, as well as in any other ways which are not prohibited by the law, whether the actions are performed, on whose behalf and on what grounds and, respectively, whether a conflict of interest exists.
(4) The verifying authorities shall draw up a memorandum on the verification performed.
Pronouncement on Motion
Article 253. (1) Immediately after completion of the verification, the court shall render an order on the basis of the data collected by the said verification and of the evidence presented by the parties.
(2) An unconditional cessation of the actions which are not performed in implementation of an administrative act presented upon the verification or of the law shall be ordered or the motion shall be rejected by the order referred to in Paragraph (1). Any such order shall be enforced immediately by the authorities of the police.
(3) Upon ascertainment of a conflict of interest, the court shall notify the competent authority to undertake the necessary actions.
Appeal
Article 254. (1) The order shall be appealable within three days of the issuance thereof by the authority or the official who has performed the actions or, respectively, by the civil servant, where the motion is granted, and by any person who has standing where the motion is rejected.
(2) The appeal shall be examined according to the procedure established by Chapter Thirteen herein and shall not stay the enforcement.
Legal Action for Ascertainment
Article 255. The remedies under this Chapter shall not prejudice actionability under Article 128 (2) or under Article 203 herein.
Section II
Remedies against Unwarranted Omissions
Subject of Contestation
Article 256. The non-performance of actual actions, which the administrative authority is obligated to perform by virtue of the law, shall be contestable within fourteen days after the submission of a request to the authority for the Performance of the said action.
Procedure for Contestation
Article 257. (1) The inaction of an administrative authority on an obligation arising directly from a statutory instrument shall be appealable indefinitely, applying, mutatis mutandis, the provisions on contestation of individual administrative acts.
(2) By the judgment thereof, the court may order the administrative authority to perform the action, establishing a time limit for this, or may reject the motion.
TITLE FOUR
INTERPRETATIVE ACTS
Chapter Sixteen
INTERPRETATIVE JUDGMENTS AND INTERPRETATIVE DECREES
(Repealed, SG No. 64/2007)
Article 258. (Repealed, SG No. 64/2007).
Article 259. (Repealed, SG No. 64/2007).
Article 260. (Repealed, SG No. 64/2007).
Article 261. (Repealed, SG No. 64/2007).
Article 262. (Repealed, SG No. 64/2007).
Article 263. (Repealed, SG No. 64/2007).
Article 264. (Repealed, SG No. 64/2007).
Article 265. (Repealed, SG No. 64/2007).
Article 266. (Repealed, SG No. 64/2007).
TITLE FIVE
ENFORCEMENT OF ADMINISTRATIVE ACTS AND JUDGMENTS OF COURT
Chapter Seventeen
ENFORCEMENT OF ADMINISTRATIVE ACTS AND JUDGMENTS OF COURT IN
ADMINISTRATIVE CASES
Section I
General Dispositions
Subject of Enforcement
Article 267. The exigible obligations arising from the enforcement title provided for in this Code or in another law shall be enforceable according to the procedure established by this Title.
Enforcement Titles
Article 268. The following, which have entered into effect or are subject to anticipatory enforcement, shall be enforcement titles under this Code:
1. individual or general administrative acts;
2. judgments, rulings and orders of the administrative courts;
3. settlements reached before the administrative authorities or before the court.
Inapplicability
Article 269. (1) Any public receivables arising from enforcement titles under Article 268 herein shall be enforced according to the procedure established by the Tax and Social-Insurance Procedure Code.
(2) Any private receivables of the State and the municipalities, and any receivables for detriment resulting from legally non-conforming administrative acts and from coercive enforcement and the other private monetary receivables arising from or certified by enforcement titles under Article 268 herein, as well as any receivables for costs incidental to enforcement, shall be enforced according to the procedure established by the Code of Civil Procedure.
Simultaneous Conduct of Enforcement Proceedings
Article 270. The enforcement proceedings under this Code shall be conducted independent of the pending enforcement proceedings under the Code of Civil Procedure or under the Tax and Social-Insurance Procedure Code against the same execution debtor.
Enforcement Authority
Article 271. (1) The enforcement authority shall be:
1. in respect of enforcement against individuals and organizations: the administrative authority which issued or should have issued the administrative act, unless another authority is specified in the enforcement title or in the law;
2. in respect of enforcement against an administrative authority: the enforcement agent within the geographical jurisdiction whereof the place of performance of the obligation is situated.
(2) Should the authority referred to in Item 1 of Paragraph (1) be closed down after the issuance of the enforcement title without identifying a legal successor or should the said authority be deprived of competence in the matter, the enforcement authority shall be the authority referred to in Article 153 (2) and (3) herein.
(3) Where the nature of the obligation so necessitates, the authority referred to in Paragraph (1) may request assistance from the authorities of the police, other State bodies and from the municipalities. All State bodies shall be obligated, upon request, to assist the enforcement authority and the persons authorized for the enforcement.
(4) The owners or occupants of non-residential immovable properties shall be obligated to afford the persons duly assigned or authorized for the enforcement unobstructed access to the said properties, where the said enforcement cannot be carried out in another manner and where the entering of such properties is not restricted by a law, in compliance with the conditions under Article 272 (2) herein.
(5) Upon enforcement, third parties may not be obligated to perform actions or omissions other than those provided for in Paragraph (4).
(6) The enforcement authorities shall render decrees.
Proportionality upon Enforcement
Article 272. (1) The enforcement authority shall be obligated to carry out the enforcement in the manner specified in the enforcement title. Where no such manner specified or where the manner specified is impracticable, the enforcement authority shall determine:
1. manners and means of enforcement which, considering the peculiarities of the specific case will ensure most effective performance of the obligation;
2. the manners and means which are most favourable to the individuals or organizations in respect of whom or which or in favour of whom or which the enforcement is carried out, where it is possible to carry out the said enforcement in several equally effective manners.
(2) Entering a home or staying inside a home without the consent of the occupant thereof shall be permissible solely on a warrant issued by a judge of the administrative court on a reasoned motion by the enforcement authority, on the basis of the enforcement title, if enforcement cannot be carried out in another manner. Any such warrant or refusal to issue a warrant shall be subject to an interlocutory appeal by the parties to the enforcement, which shall stay the enforcement. No warrant shall be required for enforcement of an order to surrender a home which has been issued or endorsed by a court of law.
Liability of Enforcement authority
Article 273. The enforcement authority shall be obligated to carry out the enforcement within the time limit indicated in the enforcement title. Upon non-fulfilment of this obligation, a fine shall be imposed on the blameworthy officials.
Parties to Enforcement Proceeding
Article 274. (1) The administrative authority which issued or should have issued the administrative act, and any individual, organization or body indicated in the enforcement title, or the legal successors thereof, may be an execution creditor.
(2) The individuals and organizations, as well as the bodies indicated in the enforcement title, or the legal successors thereof, may be execution debtors.
(3) The prosecutor, the Ombudsman or another authority empowered in a special law shall also be parties to the proceeding where the enforcement proceeding was initiated on the initiative thereof.
Legal Succession in Enforcement Proceeding
Article 275. (1) Enforcement shall be carried out against the authorities, individuals and organizations obligated by the enforcement title. Upon death of an obligated individual, enforcement shall be carried out against the successors thereto if the enforcement action is not of a personal character. A title for enforcement issued against the antecessor may be levied on the property of the successors thereto, unless the said successors demonstrate that they have renounced the succession or have accepted the succession as per inventory. Where the successor has not accepted the succession, the enforcement authority shall determine the time limit under Article 51 of the Succession Act, communicating the statement of the successor to the competent regional judge for due recording of the said statement.
(2) The successors and the private legal successors to the execution creditor may demand enforcement on the basis of an enforcement title issued in favour of the grantor thereof. Legal succession shall be established by written evidence.
(3) Should the authority obligated according to the enforcement title be closed down after the issuance of the said title without identifying a legal successor thereof, or should the said authority be deprived of competence in the matter, the authority referred to in Article 153 (2) and (3) herein shall be obligated.
Section II
Commencement, Stay, Termination and Completion of Enforcement
Commencement of Enforcement
Article 276. (1) Enforcement shall commence ex officio, on the initiative of the authority which issued or should have issued the administrative act.
(2) Enforcement may furthermore commence on the initiative of the superior authority, of the prosecutor or the Ombudsman, or at a written request of an individual or organization concerned. An official transcript of the enforcement title shall be presented with any such request. The provisions of Article 158 herein shall apply in respect of the request.
Notice of Voluntary Compliance
Article 277. (1) The enforcement authority shall address to the execution debtor a notice of voluntary compliance within fourteen days after the receipt thereof.
(2) Any such notice shall state:
1. name or, respectively, designation, and address of the execution debtor;
2. data regarding the enforcement title and the obligation arising there from;
3. name and address of the execution creditor;
4. warning of the undertaking of coercive actions in the absence of voluntary compliance within fourteen days;
5. amount of the fine or pecuniary penalty which may be imposed in case of failure to comply voluntarily with the obligation;
6. the possibility to address a request for assistance to the competent authority referred to in Article 271 (3) herein.
(3) Should an obligated natural person die within the time limit for voluntary compliance, the enforcement authority shall transmit a new notice to the successor prior to proceeding with the actions thereof.
Deferral and Rescheduling of Enforcement
Article 278. (1) Where the property status of the execution debtor or other objective circumstances impede immediate enforcement, the enforcement authority, acting at the request of the execution debtor, may allow, on a single occasion, that enforcement be carried out in whole after a specified time limit or in parts according to a schedule approved by the said authority. In such case, the authority may determine additional conditions upon the non-compliance of which the deferral or rescheduling will be cancelled.
(2) Deferral shall be permissible for a fourteen-day period after the date of enforcement as initially appointed in the enforcement title. Rescheduling shall be permissible for a time limit of two months after the date of enforcement as initially appointed in the enforcement title. Where a date of enforcement is not expressly appointed in the enforcement title, the time limits referred to in the foregoing sentences shall begin to run as from the date of entry into effect of the enforcement title. Where the Code makes reference to other laws, the time limits provided for in the said laws shall apply to the deferral and rescheduling.
(3) The decrees on deferral or rescheduling shall be unappealable.
Interim Measures of Protection
Article 279. (1) On the basis of an effective enforcement title, the enforcement authority may impose interim measures of protection where performance of an obligation or collection of the costs on such obligation is impossible or impeded even where the said obligation has been deferred or rescheduled.
(2) Interim measures of protection shall be imposed by a decree of the competent enforcement authority according to the procedure provided for in this Section. Where the Code makes reference to other laws, the procedure provided for in the said laws shall apply to the imposition of interim measures of protection.
Stay of Enforcement
Article 280. The enforcement proceeding shall be suspended:
1. upon order by the court in the cases provided for by the law, with the court also determining the period of suspension by the said order;
2. at a written request of the execution creditor, and
3. upon death or dissolution of a party or where curatorship or tutorship has to be arranged.
Resumption of Proceeding
Article 281. (1) The proceeding shall be resumed ex officio or at the request of the execution creditor, after the impediments to the progress thereof have been removed.
(2) In the cases referred to in Item 3 of Article 280 herein, the proceeding shall be resumed if the obligation is not for a substitutable action.
(3) Upon resumption, the proceeding shall commence from the action whereupon the proceeding was suspended.
Termination of Proceeding
Article 282. (1) The enforcement proceeding shall be terminated:
1. where it was initiated by a person or against a person or authority other than such covered under Article 274 herein;
2. at a written request of the execution creditor;
3. where the enforcement title is found null or is revoked;
4. upon presentation of an effective judgment referred to in Article 298 herein;
5. upon extinguishment of the obligation by reason of performance of the said obligation, established by a document originating from the execution creditor or by an official document;
6. by reason of death of a party, where the obligation is intuitu personae of the said party;
7. by reason of a factual or legal impossibility to perform the said obligation;
8. owing to other incontestable circumstances established by written evidence;
9. upon objection by the execution debtor, if the prescription referred to in Article 285 herein has lapsed prior to receipt of the notice referred to in Article 277 herein;
10. in the cases referred to in Item 2 of Article 280 herein, if the execution creditor does not request resumption of the proceeding within one month after the suspension;
11. in the cases referred to in Item 3 of Article 280 herein, upon the lapse of three months after the decree on suspension, in case the obligation is for an unsubstitutable action.
(2) Where the assistance of the execution creditor is required for continuation of the proceeding, the enforcement authority shall allow the said execution creditor time to perform the requisite procedural action. If the execution creditor fails to perform the procedural action in due time, the proceeding shall be terminated.
(3) Within three days after the date of entry into effect of the decree on termination, the enforcement authority shall lift the interim measures of protection imposed ex officio.
(4) The effective decree whereby termination is refused shall not prejudice actionability under Article 292 herein.
Completion of Enforcement
Article 283. The enforcement proceeding shall be completed upon performance of the obligation and the collection of the costs incidental to the proceeding.
Memoranda and Decrees
Article 284. (1) The enforcement authority shall draw up a memorandum on each action undertaken and performed thereby, wherein the said authority shall state the day, place of performance, the demand and statements of the participants and the costs incurred for the enforcement. The said memorandum shall be served on the parties present and on third parties participating in the enforcement upon signed acknowledgement of service.
(2) All memoranda on the actions undertaken by the authority under Paragraph (1), the decrees issued, as well as other documents certifying the enforcement or the existence of conditions for suspension, resumption or termination of the proceeding, shall be attached to the case file.
Prescription
Article 285. (1) Unless a special law directs otherwise, the enforcement title shall not be carried into effect if five years have lapsed since the entry into effect of the said title.
(2) Prescription shall not apply ex officio.
Section III
Enforcement against Individuals and Organizations
Execution of Substitutable Obligations
Article 286. Where the execution debtor must execute an action which may be performed by another person, the action shall be executed for the account of the execution debtor by the enforcement authority. At the request of the execution creditor, the enforcement authority may authorize the said execution creditor to carry out the enforcement and the costs incurred therefore shall be paid by the authority for the account of the execution debtor.
Execution of Non-substitutable Obligations
Article 287. (1) Where the action cannot be performed by another person but depends exclusively on the will of the execution debtor, upon culpable non-performance the enforcement authority shall impose a fine of BGN 50 or exceeding this amount but not exceeding BGN 1,000 per week on the obligated individual or a pecuniary penalty of BGN 500 or exceeding this amount but not exceeding BGN 10,000 per week on the obligated organization, concurrently with a fine of BGN 50 or exceeding this amount but not exceeding BGN 1,000 per week on the persons representing the organization, with the exception of the persons authorized by the organization. The fines and pecuniary penalties shall be imposed until performance of the obligation for a specified action.
(2) The fines and pecuniary penalties referred to in Paragraph (1) shall [furthermore] be imposed upon any non-performance of the obligation to refrain from action.
(3) The fines and pecuniary penalties referred to in Paragraph (1) shall be imposed by the enforcement authority without compliance with the procedure for ascertainment of administrative violations and imposition of administrative sanctions provided for in the Administrative Violations and Sanctions Act and in this Code.
(4) The fines and pecuniary penalties imposed shall be appealable according to the procedure established by Section VI herein.
Enforcement of Obligation to Surrender Thing
Article 288. (1) The obligation to surrender a thing shall be enforced by the competent enforcement authority according to the procedure established by the Code of Civil Procedure.
(2) The value of the corporeal movable, which has not been found in the possession of the execution debtor or which deteriorated, shall be determined by the administrative enforcement authority.
(3) A corporeal immovable shall be surrendered even where found in the possession of a third party who has acquired factual power after issuance of the enforcement title. If the third party claims any rights which existed upon the issuance of the enforcement title and are affected thereby, the enforcement authority shall defer enforcement and shall allow the person seven days for contestation of the title. The contestation shall stay enforcement until adjudication therein.
Section IV
Enforcement against Administrative Authority
Execution of Substitutable Obligations
Article 289. Substitutable obligations of administrative authorities shall be executed for the account thereof by the execution creditor on the basis of a decree by the enforcement agent.
Execution of Non-substitutable Obligations
Article 290. (1) Upon culpable non-performance, the enforcement authority shall impose a fine of BGN 50 or exceeding this amount but not exceeding BGN 1,200 per week on the officials performing the functions of a State body until performance of the obligation for a specific action. If the obligated authority is collected, no fines shall be imposed on the members thereof who voted in favour of performance of the obligation.
(2) The fines referred to in Paragraph (1) shall furthermore be imposed upon any non-performance of the obligation to refrain from action.
(3) The fines referred to in Paragraph (1) shall be imposed by the enforcement authority without compliance with the procedure for ascertainment of administrative violations and imposition of administrative sanctions provided for in the Administrative Violations and Sanctions Act and in this Code.
(4) The fines imposed shall be appealable according to the procedure established by Section VI herein.
Execution of Obligation to Surrender Thing
Article 291. (1) Where the obligated authority owes the surrender of a thing, Article 288 herein shall apply.
(2) The provisions of Article 290 herein shall apply to the surrender of a document issued by the obligated authority.
Section V
Remedial Legal Action
Legal Action for Negative Ascertainment
Article 292. The enforceable obligation shall be contestable by means of a legal action solely on the basis of facts which occurred after the issuance of the enforcement title.
Parties and Cognizance
Article 293. (1) The legal action shall be brought by the execution debtor against the execution creditor.
(2) Where an individual or an organization is obligated, the administrative authority which issued or should have issued the administrative act shall likewise be constituted as a respondent.
(3) The legal action shall be brought before the administrative court exercising jurisdiction over the residence or the registered office of the execution creditors, and in the cases referred to in Paragraph (2), over the seat of the administrative authority.
Section VI
Appeal of Enforcement authority's Actions
Subject of Appeal
Article 294. The decrees, actions and omissions of the enforcement authorities shall be appealable.
Right to Appeal
Article 295. The right to appeal shall vest in the parties to the enforcement proceeding, as well as in the third parties whereof the rights, freedoms or legitimate interests are affected thereby.
Cognizance and Time Limit for Appeal
Article 296. (1) The appeal shall be lodged through the agency of the enforcement authority to the administrative court exercising jurisdiction over the place of performance within seven days after performance of the action, if the party was present upon the performance of the said action or if the said party was summoned, and in the rest of the cases, within seven days after the day of communication. In respect of third parties, the time limit shall begin to run from learning of the action.
(2) An omission by the enforcement authority shall be appealable sine die upon the lapse of seven days after submission of the request for performance of the enforcement action.
Proceeding on Appeal
Article 297. (1) The appeal shall be examined according to the procedure established by Chapter Thirteen herein, and transcripts of the said appeal shall be served by the enforcement authority.
(2) Any appeal lodged by a third party shall be examined by the court in public session.
(3) The enforcement authority shall transmit to the court reasoning of the action appealed together with a copy of the case file.
(4) Submission of an appeal shall not stay enforcement, but the court may stay the said enforcement until adjudication therein.
Adjudication in Appeal
Article 298. (1) If it revokes the decree appealed, the court shall have discretion to adjudicate in the matter of the appeal, and if it revokes another action, the court shall order the enforcement authority to re-perform the said action validly or not to perform the said action. Where the omission appealed is legally non-conforming, the court shall order the enforcement authority to perform what is due, establishing a time limit for this.
(2) A revocation of the action appealed shall restore the status quo ante the performance thereof.
(3) Where the legally non-conforming omission is by an administrative enforcement authority, the court, acting on a motion by the execution creditor, shall impose the fines referred to in Article 290 (1) herein and shall assign the rest of the enforcement actions until completion of the enforcement to the enforcement agent within the geographical jurisdiction whereof the place of performance of the obligation is situated. The enforcement agent where to completion of the enforcement actions has been assigned shall request the case file or shall obtain the documents necessary in connection with the proceeding.
(4) The judgment shall be unappealable.
Section VII
Restoration and Compensation
Obligation to Compensate
Article 299. (1) The State shall incur pecuniary liability for any detriment inflicted on individuals and organizations as a result of wrongful coercive enforcement if the administrative enforcement authority is a State body, and the municipality shall incur such liability if the said authority is a municipal authority, regardless of whether the detriment has been inflicted culpably.
(2) Compensation shall be recoverable from the State for any detriment resulting from enforcement and inflicted on third parties of the administrative authority which issued or should have issued the administrative act is a State body and from the municipality if the said authority is a municipal authority.
Proceeding on Legal Actions
Article 300. The legal actions shall be examined according to the procedure established by this Code.
Restoration Measures upon Revocation of Act
Article 301. Where an administrative act is revoked after commencement of the enforcement thereof, the administrative authority shall restore the violated right within one month or, should this be impossible, shall satisfy the injured party in another legal manner. Failing this, the injured party shall be entitled to compensation.
TITLE SIX
ADMINISTRATIVE PENALTY PROVISIONS
Chapter Eighteen
ADMINISTRATIVE VIOLATIONS AND SANCTIONS
Sanction for Failure to Issue Administrative Act or Document
Article 302. (1) Any official, who breaches or fails to perform in due time the official duties thereof in connection with the issuance of an administrative act or document, which has resulted in non-compliance with the time limit for pronouncement on the request submitted, shall be liable to a fine of BGN 50 or exceeding this amount but not exceeding BGN 1,000.
(2) Any official, who fails to execute an order by a superior administrative authority to issue a relevant administrative act or document, shall be liable to a fine of BGN 100 or exceeding this amount but not exceeding BGN 1,000, unless subject to a severer sanction.
Sanction for Non-Pronouncement in Due Tie and Non-Forwarding of Appeal
or Protest
Article 303. A fine of BGN 150 or exceeding this amount but not exceeding BGN 1,500, unless a severer sanction applies, shall be imposed on any official who, without a reasonable excuse:
1. fails to pronounce in due time on an appeal or protest against an administrative act;
2. fails to forward, in due time, an appeal or protest against an administrative act to the superior administrative authority or to the court;
3. fails to pronounce in due time on a proposal or alert.
Sanction for Non-enforcement of Court Acts
Article 304. (1) Any official, who fails to perform an obligation arising from an effective judicial act, outside the cases covered under Section V herein, shall be liable to a fine of BGN 200 or exceeding this amount but not exceeding BGN 2,000.
(2) Any repeated violation under Paragraph (1) shall be punishable by a fine of BGN 500 for each week of non-performance, unless this is due to objective impossibility.
Sanctions for Other Violations of this Code
Article 305. Any person, who fails to perform another administrative procedure obligation arising from this Code, shall be liable to a fine of BGN 150 or exceeding this amount but not exceeding BGN 1,500, unless subject to a severer sanction.
Procedure for Imposition of Sanction upon Non-enforcement of Judicial
Acts
Article 306. (1) In the cases of violations under Article 304 herein, written statement on the ascertainment of the said violations shall not be drawn up.
(2) The sanctions shall be imposed by an order of the president of the competent court or by an official empowered thereby.
(3) Prior to imposition of the penalty, the offender shall be afforded an opportunity to submit written explanations within fourteen days after communication and to adduce evidence. The sanctioning authority may collect other evidence as well.
(4) A transcript of the order shall be served on the offender.
(5) The order shall be appealable before a three-judge panel of the same court within seven days after service.
(6) The court shall adjudicate in the case on the merits. The judgment of the said court shall be unappealable.
Procedure for Imposition of Sanctions in Rest of Cases
Article 307. (1) In the cases under Articles 302, 303 and 305 herein, the written statement on ascertainment of the violations shall be drawn up by officials designated by the Minister of State Administration and Administrative Reform, and the penalty decrees shall be issued by the Minister of State Administration and Administrative Reform or by an official empowered thereby.
(2) The drawing up of the written statements, the issuance, appeal and execution of the penalty decrees shall follow the procedure established by the Administrative Violations and Sanctions Act.
(3) Any penalty decrees whereby a fine not exceeding BGN 100 is imposed shall be unappealable.
SUPPLEMENTARY PROVISION
§ 1. Within the meaning given by this Code:
1. "Administrative authority" shall be any authority appertaining to the system of the executive branch of government, as well as any holder of administrative powers empowered in pursuance of a law.
2. "Organization" shall be any legal person or an association of legal or natural persons, which is organizationally distinct in pursuance of a law.
3. "Inexpedient administrative act" shall be any administrative act issued upon inappropriate exercise of operational autonomy.
4. "Repeated violation" shall be any violation committed within one year after the entry into effect of an act whereby a sanction was imposed on the offender for a violation of the same type.
TRANSITIONAL AND FINAL PROVISIONS
§ 2. This Code shall supersede:
1. (Effective 1.03.2007) The Supreme Administrative Court Act (promulgated in the State Gazette No. 122 of 1997; amended in No. 133 of 1998, No. 95 of 1999 and No. 84 of 2003).
2. (Effective 1.03.2007, in respect of the repeal of Section II "Appeal Before the Court" of Chapter Three) The Administrative Procedure Act (promulgated in the State Gazette No. 90 of 1979; amended in No. 9 of 1983, No. 26 of 1988, No. 94 of 1990, Nos. 25 and 61 of 1991, No. 19 of 1992, Nos. 65 and 70 of 1995, No. 122 of 1997, Nos. 15 and 89 of 1998, Nos. 83 and 95 of 1999, No. 45 of 2002 and No. 55 of 2003).
3. The Proposals, Alerts, Complaints and Petitions Act (promulgated in the State Gazette No. 52 of 1980; amended in No. 68 of 1988 and No. 55 of 2000).
4. The Administrative Services to Natural and Legal Persons Act (promulgated in the State Gazette No. 95 of 1999; amended in No. 24 of 2006).
§ 3. (Effective 11.04.2006) (1) There shall be established administrative courts, with seats and geographical jurisdictions which are coextensive with the seats and the geographical jurisdictions of each of the district courts.
(2) Not later than the 31st day of December 2006, the Supreme Judicial Council shall appoint the judges at the administrative courts.
(3) The presidents of the administrative courts shall be appointed by the Supreme Judicial Council upon nomination by the President of the Supreme Administrative Court within the time limit referred to in Paragraph (1).
(4) If the Supreme Judicial Council rejects the nomination referred to in Paragraph (3), the President of the Supreme Administrative Court shall second a judge of the Supreme Administrative Court, who shall perform the functions of a president of the relevant administrative court until appointment of a tenure holder by the Supreme Judicial Council. In such case, the President of the Supreme Administrative Court shall submit a new nomination within one month after the decision of the Supreme Judicial Council.
(5) The Council of Ministers and the regional governors shall provide premises for the activities of the administrative courts.
§ 4. (1) Any administrative cases, which have been instituted at the regional and district courts and at the Supreme Administrative Court prior to the entry of this Code into force, shall be completed in the same courts according to the hitherto effective procedure.
(2) Any administrative cases, which have been instituted at the regional and district courts after the entry of this Code into force but prior to the 1st day of March 2007, shall be completed by the same courts according to the hitherto effective procedure.
(3) The administrative courts shall commence to institute cases as from the 1st day of March 2007.
§ 5. Any motions submitted and pending proceedings for the rendition of interpretative judgments and decrees shall be examined by the Supreme Administrative Court, and in the cases referred to in Article 260 (1) herein, any such motions and proceedings shall be examined jointly with the Supreme Court of Cassation according to the procedure established by this Code.
§ 6. The rules regarding evidence and the conditions for the admission thereof, provided for in this Code, shall furthermore apply in respect of any facts which have occurred prior to the entry of the said Code into force.
§ 7. The hitherto effective provisions shall apply to any time limits which have begun to run prior to the entry of this Code into force.
§ 8. The proceedings for the issuance of individual administrative acts and the administrative and judicial appeal thereagainst, as regulated in this Code, shall furthermore apply to the provision of administrative services, as well as to the appeal of the refusals to provide any such services, unless a special law provides for otherwise.
§ 9. The Tax and Social-Insurance Procedure Code (promulgated in the State Gazette No. 105 of 2005) shall be amended and supplemented as follows:
1. (Effective 1.03.2007) In Article 41 (3), Article 75 (2), Article 95 (1) , Article 97, Article 134 (5) , Article 147 (3), Article 153 (7), Article 156 (1), Article 157 (2), Article 160 (6), Items 1 and 3 of Article 187 (1), Article 197 (2) and (4) and Article 268 (1) and (2), the word "district" shall be replaced by "administrative".
2. (Effective 1.03.2007) In Article 121 (4), the words "the district court competent to examine the appeal against the audit act" shall be replaced by "the administrative court exercising jurisdiction over the situs of the authority which imposed the interim measure of protection".
3. The words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 10. The Insurance Code (promulgated in the State Gazette No. 103 of 2005; amended in No. 105 of 2005) shall be amended as follows:
1. In Article 302 (6), the words "Article 7 (2) and Article 11 (1) of the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
2. In the heading and in the text of Article 304, the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 11. The Social Insurance Code (promulgated in the State Gazette No. 110 of 1999; [modified by] Constitutional Court Judgment No. 5 of 2000, [promulgated in] No. 55 of 2000; amended in No. 64 of 2000, Nos. 1, 35, and 41 of 2001, Nos. 1, 10, 45, 74, 112, 119 and 120 of 2002, Nos. 8, 42, 67, 95, 112 and 114 of 2003, Nos. 12, 38, 52, 53, 69, 70, 112 and 115 of 2004, Nos. 38, 39, 76, 102, 103, 104 and 105 of 2005 and No. 17 of 2006) shall be amended as follows:
1. (Effective 1.03.2007) In Article 118 (1), the word "district" shall be replaced by "administrative".
2. (Effective 1.03.2007) In Article 118a (2), the word "district" shall be replaced by "administrative".
3. In Article 119, the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
4. Throughout the Code, the words "the Administrative Procedure Act" and "Article 7 (2) and Article 11 (1) of the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 12. In Article 405 of the Labour Code (promulgated in the State Gazette Nos. 26 and 27 of 1986; amended in No. 6 of 1988, Nos. 21, 30 and 94 of 1990, Nos. 27, 32 and 104 of 1991, Nos. 23, 26, 88 and 100 of 1992; [modified by] Constitutional Court Judgment No. 12 of 1995, [promulgated in] No. 69 of 1995; amended in No. 87 of 1995, Nos. 2, 12 and 28 of 1996, No. 124 of 1997, No. 22 of 1998; [modified by] Constitutional Court Judgment No. 11 of 1998, [promulgated in] No. 52 of 1998; amended in Nos. 56, 83, 108 and 133 of 1998, Nos. 51, 67 and 110 of 1999, No. 25 of 2001, Nos. 1, 105 and 120 of 2002, Nos. 18, 86 and 95 of 2003, No. 52 of 2004, Nos. 19, 27, 46, 76, 83 and 105 of 2005 and No. 24 of 2006), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 13. In the Merchant Shipping Code (promulgated in the State Gazette Nos. 55 and 56 of 1970; corrected in No. 58 of 1970; amended in No. 55 of 1975, No. 10 of 1987, No. 30 of 1990, No. 85 of 1998, No. 12 of 2000, No. 41 of 2001, No. 113 of 2002, No. 55 of 2004, Nos. 42, 77, 87, 94 and 104 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 14. The Family Code (promulgated in the State Gazette No. 41 of 1985; amended in No. 11 of 1992; corrected in No. 15 of 1992; amended in Nos. 63 and 84 of 2003 and No. 42 of 2005) shall be amended as follows:
1. In Article 57a (5), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 136c (2), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 15. (Effective 1.03.2007) Article 63 of the Administrative Violations and Sanctions Act (promulgated in the State Gazette No. 92 of 1969; amended and supplemented in No. 54 of 1978, No. 28 of 1982, Nos. 28 and 101 of 1983, No. 89 of 1986, No. 24 of 1987, No. 94 of 1990, No. 105 of 1991, No. 59 of 1992, No. 102 of 1995, Nos. 12 and 110 of 1996, Nos. 11, 15, 59, 85 and 89 of 1998, Nos. 51, 67 and 114 of 1999, No. 92 of 2000, Nos. 25, 61 and 101 of 2002, No. 96 of 2004, Nos. 39 and 79 of 2005) shall be amended as follows:
1. In sentence two of Paragraph (1), the words "the district court according to the procedure established by the Supreme Administrative Court" shall be replaced by "the administrative court on the grounds provided for in the Criminal Procedure Code, and according to the procedure established by Chapter Twelve of the Code of Administrative Procedure".
2. In Paragraph (2), the words "shall be unappealable" shall be replaced by "shall be subject to interlocutory appeal".
§ 16. In the Carriage by Road Act (promulgated in the State Gazette No. 82 of 1999; amended in Nos. 11 and 45 of 2002, No. 99 of 2003, No. 70 of 2004, Nos. 88, 92, 95, 102, 103 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 17. In Article 96c (6) and Article 96d (3) of the Copyright and Neighbouring Rights Act (promulgated in the State Gazette No. 56 of 1993; amended in No. 63 of 1994, No. 10 of 1998, No. 28 of 2000, No. 77 of 2002, Nos. 28, 43, 74, 99 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 18. In the Act on Administrative Regulation of the Manufacture and Trade in Optical Disks, Stampers and Other Storage Media Loaded with Subject Matter of Copyright and Neighbouring Rights (promulgated in the State Gazette No. 74 of 2005; amended in No. 105 of 2005), the words "the Supreme Administrative Court Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 19. The Administration Act (promulgated in the State Gazette No. 130 of 1998; [modified by] Constitutional Court Judgment No. 2 of 1999, [promulgated in] No. 8 of 1999; amended in No. 67 of 1999, Nos. 64 and 81 of 2000, No. 99 of 2001; corrected in No. 101 of 2001; amended in No. 95 of 2003, No. 19 of 2005 and No. 24 of 2006) shall be amended and supplemented as follows:
1. In Article 32 (3), the words "the Supreme Administrative Court" shall be replaced by "the competent administrative court".
2. After Article 63, there shall be inserted a Supplementary Provision with a new § 1:
"SUPPLEMENTARY PROVISION
§ 1. Within the meaning given by this Act:
1. "Administrative servicing" shall be any activity concerning the provision of administrative services by the administration structures and by organizations providing public services.
2. "Administrative service" shall be:
(a) issuance of individual administrative acts whereby legally relevant facts are certified;
(b) issuance of individual administrative acts whereby the existence of rights or obligations is recognized or denied;
(c) performance of other administrative actions in which a natural or a legal person has a legitimate interest;
(d) the advice, in which a natural or a legal person has a legitimate interest, regarding an administrative law regime, which is provided by virtue of a statutory instrument or where related to the issuance of an administrative act or to the provision of another administrative service;
(e) the expert examinations, in which a natural or a legal person has a legitimate interest, where a statutory instrument provides for the performance of such examination as an obligation of the administration of a State body or by an empowered organization.
3. "Public services" shall be education, health, water supply, sewerage, heat power supply, electric power supply, gas supply, telecommunications, postal or other similar services, provided for satisfaction of public requirements, inter alia as commercial activity, in connection with the provision of which administrative services can be performed.
4. "Organization providing public services" shall be any organization, regardless of the legal form of the incorporation thereof, which provides one or more of the services covered under Item 3.".
§ 20. In Article 24 (4) of the Accreditation by Bulgarian Accreditation Service Act (promulgated in the State Gazette No. 100 of 2005; amended in No. 105 of 2005), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 21. In the Excise Duties and Tax Warehouses Act (promulgated in the State Gazette No. 91 of 2005; amended in No. 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 22. The Banking Act (promulgated in the State Gazette No. 52 of 1997; supplemented in No. 15 of 1998; amended in Nos. 21, 52, 70 and 98 of 1998, Nos. 54, 103 and 114 of 1999, Nos. 24, 63, 84 and 92 of 2000, No. 1 of 2001, Nos. 45, 91 and 92 of 2002, No. 31 of 2003, Nos. 19, 31, 39 and 105 of 2005) shall be amended as follows:
1. In Article 21 (5) and in Article 65 (3), the words "Article 7 (2) and Article 11 (1) of the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 101 (2), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 23. In Article 41 (4) of the Bank Bankruptcy Act (promulgated in the State Gazette No. 92 of 2002; amended in No. 67 of 2003, No. 36 of 2004, Nos. 31 and 105 of 2005), the words "Article 7 (2) and Article 11 (1) of the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 24. The Safe Use of Nuclear Energy Act (promulgated in the State Gazette No. 63 of 2002; amended in No. 120 of 2002, No. 70 of 2004, Nos. 76, 88 and 105 of 2005) shall be amended as follows:
1. In Article 70 (4), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 152, the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 25. The Biological Diversity Act (promulgated in the State Gazette No. 77 of 2002; amended in Nos. 88 and 105 of 2005) shall be amended as follows:
1. In Article 31 (12), the words "the Administrative Procedure Act or the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 123, Paragraph (2) shall be amended to read as follows:
"(2) The orders referred to in Paragraph (1) and in Article 122 (1) herein shall be appealable according to the procedure established by the Code of Administrative Procedure".
§ 26. The Bulgarian Identity Documents Act (promulgated in the State Gazette No. 93 of 1998; amended in Nos. 53, 67, 70 and 113 of 1999, No. 108 of 2000, No. 42 of 2001, Nos. 45 and 54 of 2002, Nos. 29 and 63 of 2003, Nos. 96, 103 and 111 of 2004, Nos. 43, 71, 86, 88 and 105 of 2005) shall be amended as follows:
1. In Article 71, the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 79:
(a) in Paragraph (1), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure";
(b) in Paragraph (2), the words "Article 7 (2) and Article 11 of the Administrative Procedure Act" shall be replaced by "Article 26 and Article 35 of the Code of Administrative Procedure";
(c) in Paragraph (3), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
3. In Article 84 (3), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 27. In the Veterinary Practices Act (promulgated in the State Gazette No. 42 of 1999; amended in No. 83 or 2003), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 28. In the Veterinary Practices Act (promulgated in the State Gazette No. 87 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 29. In the Wine and Spirits Act (promulgated in the State Gazette No. 86 of 1999; amended in No. 56 of 2002, Nos. 16, 108 and 113 of 2004, Nos. 99 and 105 of 2005, No. 18 of 2006), the words "the Administrative Procedure Act" and "the Supreme Administrative Court Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 30. In the Higher Education Act (promulgated in the State Gazette No. 112 of 1995; amended in No. 28 of 1996, No. 56 of 1997; corrected in No. 57 of 1997; amended in No. 58 of 1997, Nos. 60 and 113 of 1999, No. 54 of 2000, No. 22 of 2001, Nos. 40 and 53 of 2002, Nos. 48 and 70 of 2004, Nos. 77, 83 and 103 of 2005), the words "the Administrative Procedure Act" and "the Supreme Administrative Court Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 31. In the Water Act (promulgated in the State Gazette No. 67 of 1999; amended in No. 81 of 2000, Nos. 34, 41 and 108 of 2001, Nos. 47, 74 and 91 of 2002, Nos. 42, 69, 84 and 107 of 2003, Nos. 6 and 70 of 2004, Nos. 18, 77 and 94 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 32. In Article 5 (6) of the Act Restoring Ownership of Corporeal Immovables of Bulgarian Citizens of Turkish Origin Who Took Steps for Departure to the Republic of Turkey and Other Countries in the Period from May to September 1989 (promulgated in the State Gazette No. 66 of 1992; [modified by] Constitutional Court Judgment No. 18 of 1992, [promulgated in] No. 102 of 1992; amended in No. 44 of 1996), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 33. In Article 4 (3) of the Act Restoring Ownership of Nationalized Corporeal Immovables (promulgated in the State Gazette No. 15 of 1992; supplemented in No. 28 of 1992; amended in Nos. 20 and 40 of 1995, [modified by] Constitutional Court Judgment No. 9 of 1995, [promulgated in] No. 66 of 1995; amended in No. 87 of 1995; [modified by] Constitutional Court Judgment No. 20 of 1995, [promulgated in] No. 94 of 1995; amended in No. 51 of 1996; [modified by] Constitutional Court Judgment No. 11 of 1996, [promulgated in] No. 61 of 1996; corrected in No. 87 of 1996 by Constitutional Court Judgment No. 16 of 1996; amended in No. 107 of 1997; [modified by] Constitutional Court Judgment No. 4 of 1998, [promulgated in] No. 30 of 1998; amended in No. 45 of 1998, No. 9 of 2000), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 34. (Effective 1.03.2007, in respect of the replacement of the word "district" by "administrative" and the replacement of the words "the Sofia City Court" by "the Sofia City Administrative Court") In Article 13 (6) of the Act Restoring Ownership of Forests and Forest Stock Land Tracts (promulgated in the State Gazette No. 110 of 1997; amended in Nos. 33, 59 and 133 of 1998, No. 49 of 1999, Nos. 26 and 36 of 2001, Nos. 45, 63 and 99 of 2002, No. 16 of 2003), the last sentence shall be amended to read as follows: "The judgment of the regional court shall be subject to cassation appeal lodged with the competent administrative court according to the procedure established by the Code of Administrative Procedure, which shall be examined by the court in a panel of three judged."
§ 35. Article 26 of the Act on Factory and Office Workers' Claims Guaranteed in the Event of their Employer's Bankruptcy (promulgated in the State Gazette No. 36 of 2004; amended in Nos. 104 and 105 of 2005) shall be amended as follows:
1. In Paragraph (4), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure", and the words "the district court" shall be replaced by "the administrative court".
2. (Effective 1.03.2007, in respect of the replacement of the word "district" by "administrative" and the replacement of the words "the Sofia City Court" by "the Sofia City Administrative Court") In Paragraph (5), the words "he district court" shall be replaced by "the administrative court", and the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
3. In Paragraph (6), the words "district" shall be replaced by "administrative".
§ 36. In the Genetically Modified Organisms Act (promulgated in the State Gazette No. 27/2005; amended in Nos. 88 and 99/2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 37. In the Forestry Act (promulgated in the State Gazette No. 125 of 1997; amended in Nos. 79 and 133 of 1998, No. 26 of 1999, Nos. 29 and 78 of 2000, Nos. 77, 79 and 99 of 2002 and Nos. 16 and 107 of 2003), Nos. 72 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 38. In the Civil Registration Act (promulgated in the State Gazette No. 67 of 1999; amended in Nos. 28 and 37 of 2001, No. 54 of 2002, No. 63 of 2003, Nos. 70 and 96 of 2004), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 39. In the Civil Aviation Act (promulgated in the State Gazette No. 94 of 1972; amended in No. 30 of 1990, No. 16 of 1997, No. 85 of 1998, No. 12 of 2000, Nos. 34 and 111 of 2001, Nos. 52 and 70 of 2004, Nos. 88 and 102 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 40. In the Road Traffic Act (promulgated in the State Gazette No. 20 of 1999; amended in No. 1 of 2000, Nos. 43, 45 and 76 of 2002, Nos. 16 and 22 of 2003, Nos. 6, 70, 85 and 115 of 2004, Nos. 79, 92, 99, 102, 103 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 41. In Article 58b (7) and Article 58c (3) of the Value Added Tax Act (promulgated in the State Gazette No. 153 of 1998; corrected in No. 1 of 1999; amended in Nos. 44, 62, 64, 103 and 111 of 1999, Nos. 63, 78 and 102 of 2000, No. 109 of 2001, Nos. 28, 45 and 117 of 2002, Nos. 37, 42, 86 and 109 of 2003, Nos. 53, 70 and 108 of 2004, Nos. 28, 43, 76, 94, 95, 100, 103 and 105 of 2005), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 42. Article 40 of the Access to Public Information Act (promulgated in the State Gazette No. 55 of 2000; amended in Nos. 1 and 45 of 2002, No. 103 of 2005, No. 24 of 2006) shall be amended as follows:
1. In Paragraph (1), the words "the Administrative Procedure Act or the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
2. In Paragraph (2), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 43. The Civil Servants Act (promulgated in the State Gazette No. 67 of 1999; amended in No. 1 of 2000, Nos. 25, 99 and 110 of 2001, No. 45 of 2002, No. 95 of 2003, No. 70 of 2004, No. 19 of 2005, No. 24 of 2006) shall be amended and supplemented as follows:
1. In Article 29a, there shall be added a new Paragraph (4):
"(4) Conflict of interest shall exist where a civil servant or any person connected therewith has not terminated or has acquired, after the appointment of the said civil servant, the capacity of a sole trader, member, managerial agent, member of a management board or supervisory board of a commercial corporation which effects transactions or is tendering for or, respectively, has been selected as a supplier, contractor or service provider of, a public procurement with the legal person with whose head the said civil servant is in a civil-service relationship. This shall furthermore apply to any transactions, the tendering for and performance of a public procurement with any commercial corporation wherein the legal person, referred to in the foregoing sentence, holds a majority participating interest. Where the conflict of interest disclosed is not divested of within two months, it shall be considered concealed."
2. (Effective 1.03.2007, in respect of the replacement of the word "district" by "administrative" and the replacement of the words "the Sofia City Court" by "the Sofia City Administrative Court") In Article 124 (1), the words "district court according to the procedure established by the Administrative Procedure Act or by the Supreme Administrative Court according to the procedure established by the Supreme Administrative Court Act" shall be replaced by "administrative court or the Supreme Administrative Court according to the procedure established by the Code of Administrative Procedure".
3. In Item 1 of the Supplementary Provision, after the words "spouses" there shall be inserted "or de facto cohabitees".
§ 44. The State Property Act (promulgated in the State Gazette No. 44 of 1996; amended in No. 104 of 1996, Nos. 55, 61 and 117 of 1997, Nos. 93 and 124 of 1998, No. 67 of 1999, Nos. 9, 12, 26 and 57 of 2000, No. 1 of 2001, [modified by] Constitutional Court Judgment No. 7 of 2001, [promulgated in] No. 38 of 2001; amended in No. 45 of 2002, No. 63 of 2003, Nos. 24 and 93 of 2004, No. 32 of 2005, No. 17 of 2006) shall be amended as follows:
1. (Effective 1.03.2007) In Article 38 (2), the word "district" shall be replaced by "administrative".
2. (Effective 1.03.2007) In Article 39 (3), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
3. The words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 45. In Item 7 of Article 7 (2) of the State Contingency Reserves and Wartime Stocks Act (promulgated in the State Gazette No. 9 of 2003; corrected in No. 37 of 2003; amended in Nos. 18, 69 and 105 of 2005), the words "under Article 15 (2) of the Administrative Procedure Act" shall be replaced by "provided for in the Code of Administrative Procedure".
§ 46. In Article 36 (4) of the Electronic Document and Electronic Signature Act (promulgated in the State Gazette No. 34 of 2001; amended in No. 112 of 2001), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 47. In the Energy Act (promulgated in the State Gazette No. 107 of 2003; amended in No. 18 of 2004, Nos. 87 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 48. In the Animal Husbandry Act (promulgated in the State Gazette No. 65 of 2000; amended in No. 18 of 2004, Nos. 87 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 49. The Mandatory Stocks of Crude Oil and Petroleum Products Act (promulgated in the State Gazette No. 9 of 2003; amended in No. 107 of 2003, Nos. 95 and 105 of 2005) shall be amended as follows:
1. In Article 7:
(a) in Paragraph (1), the words "under Article 15 (2) of the Administrative Procedure Act" shall be replaced by "provided for in the Code of Administrative Procedure";
(b) in Paragraphs (3) and (4), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure";
(c) in Paragraph (5), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 25 (2), the words "according to Article 15 (2) of the Administrative Procedure Code" shall be replaced by "provided for in the Code of Administrative Procedure".
§ 50. The Child Protection Act (promulgated in the State Gazette No. 48 of 2000; amended in Nos. 75 and 120 of 2002, Nos. 36 and 63 of 2003, Nos. 70 and 115 of 2004, Nos. 28, 94 and 103 of 2005) shall be amended as follows:
1. In Article 27 (4), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 43f, the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 51. The Protection of New Plant Varieties and Animal Breeds Act (promulgated in the State Gazette No. 84 of 1996; amended in No. 27 of 1998, No. 81 of 1999, No. 86 of 2000, No. 18 of 2004) shall be amended as follows:
1. (Effective 1.03.2007) In Article 50 and Article 51 (1), the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
2. The words "the Administrative Procedure Code" shall be replaced passim by "the Code of Administrative Procedure".
§ 52. In Article 64 (2) of the Skilled Crafts Act (promulgated in the State Gazette No. 42 or 2001; amended in No. 112 of 2001, No. 56 of 2002, Nos. 99 and 105 of 2005, No. 19 of 2006), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 53. Article 39 of the Personal Data Protection Act (promulgated in the State Gazette No. 1 of 2002; amended in Nos. 70 and 93 of 2004, Nos. 43 and 103 of 2005) shall be amended as follows:
1. (Effective 1.03.2007) In Paragraph (1), the word "district" shall be replaced by "administrative".
2. In Paragraph (5), the words "the Administrative Procedure Act or, respectively, the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 54. In Article 13 (8) of the Consumer Protection and Rules of Trade Act (promulgated in the State Gazette No. 30 of 1999; amended in Nos. 17 and 19 of 2003, No. 42 of 2005), the words "the Administrative Procedure Act" shall be replaced by the "Code of Administrative Procedure".
§ 55. In the Consumer Protection Act (promulgated in the State Gazette No. 99 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 56. In Article 24 of the Plant Protection Act (promulgated in the State Gazette No. 91 of 1997; amended in No. 90 of 1999, No. 96 of 2001, No. 18 of 2004), the "Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 57. The Protection Against the Harmful Impact of Chemical Substances and Preparations Act (promulgated in the State Gazette No. 10 of 2000; amended in No. 91 of 2002, Nos. 86 and 114 of 2003, Nos. 100 and 101 of 2005) shall be amended as follows:
1. In Article 7d (4), the words "the Administrative Procedure Act or, respectively, the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 8 (5), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
3. In Article 19a (4), the words "the Administrative Procedure Act or, respectively, the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
4. In Article 34, the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 58. In Article 32 of the Protection from Environmental Noise Act (promulgated in the State Gazette No. 74 of 2005), the words "the Supreme Administrative Court Act or, respectively, the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 59. The Protection against Discrimination Act (promulgated in the State Gazette No. 86 of 2003; amended in No. 70 of 2004, No. 105 of 2005) shall be amended as follows:
1. In Article 68 (1), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 70 (1), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
3. In Article 73, the words "the Administrative Procedure Act or, respectively, the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
4. In Article 84 (2), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 60. In Article 80 of the Protected Areas Act (promulgated in the State Gazette No. 133 of 1998; amended in No. 98 of 1999, Nos. 28, 48 and 78 of 2000, Nos. 23, 77 and 91 of 2002, Nos. 28 and 94 of 2005), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 61. The Health Act (promulgated in the State Gazette No. 70 of 2004; amended in No. 46 of 2005, Nos. 76, 85, 88, 94 and 103 of 2005, No. 18 of 2006) shall be amended as follows:
1. (Effective 1.03.2007) In Item 4 of Article 112 (1), the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
2. The words "the Administrative Procedure Act" and "the Supreme Administrative Court Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 62. The Health Insurance Act (promulgated in the State Gazette No. 70 of 1998; amended in Nos. 93 and 153 of 1998, Nos. 62, 65, 67, 69, 110 and 113 of 1999, Nos. 1 and 64 of 2000, No. 41 of 2001, Nos. 1, 54, 74, 107, 112, 119 and 120 of 2002, Nos. 8, 50, 107 and 114 of 2003, Nos. 28, 38, 49, 70, 85 and 111 of 2004, Nos. 39, 45, 76, 99, 102, 103 and 105 of 2005, Nos. 17 and 18 of 2006) shall be amended as follows:
1. (Effective 1.03.2007, in respect of the replacement of the word "district" by "administrative" and the replacement of the words "the Sofia City Court" by "the Sofia City Administrative Court") In Article 59 (7), the words "the Administrative Procedure Act before the competent district court" shall be replaced by "the Code of Administrative Procedure before the competent administrative court".
2. In Article 76 (2), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 63. In Article 119 of the Election of Members of Parliament Act (promulgated in the State Gazette No. 37 of 2001; [modified by] Constitutional Court Judgment No. 8 of 2001, [promulgated in] No. 44 of 2001; amended in No. 45 of 2002, Nos. 28, 32 and 38 of 2005, No. 24 of 2006), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 64. In Article 6 of the Act on the Property of the Bulgarian Communist Party, the Bulgarian Agrarian Party, the Dimitrov Young Communist League, the Fatherland Front, the Union of Active Fighters against Fascism and Capitalism, and the Bulgarian Trade Unions (promulgated in the State Gazette No. 105 of 1991), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 65. In Article 42 (9) of the Integration of Persons with Disabilities Act (promulgated in the State Gazette No. 81 of 2004; amended in Nos. 28, 88, 94, 103 and 105 of 2005, No. 18 of 2006), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 66. The Cadastre and Property Register Act (promulgated in the State Gazette No. 34 of 2000; amended in Nos. 45 and 99 of 2002, No. 36 of 2004, Nos. 39 and 105 of 2005) shall be amended as follows:
1. In Article 18 (4), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
2. (Effective 1.03.2007, in respect of the replacement of the word "district" by "administrative" and the replacement of the words "the Sofia City Court" by "the Sofia City Administrative Court") In Article 49 (2), the words "he Administrative Procedure Act before the district court" shall be replaced by "the Code of Administrative Procedure before the administrative court".
3. (Effective 1.03.2007) In Article 49a (4), the word "district" shall be replaced by "administrative".
4. (Effective 1.03.2007, in respect of the replacement of the word "district" by "administrative" and the replacement of the words "the Sofia City Court" by "the Sofia City Administrative Court") In Article 54 (2), the words "the Administrative Procedure Act before the district court" shall be replaced by "the Code of Administrative Procedure before the administrative court".
§ 67. In the Chambers of Architects and Engineers in Development-Project Design Act (promulgated in the State Gazette No. 20 of 2003; amended in No. 65 of 2003, No. 77 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 68. In Article 15 (3), Article 16 (3) and Article 17 (3) of the Financial Supervision Commission Act (promulgated in the State Gazette No. 8 of 2003; amended in Nos. 31, 67 and 112 of 2003, No. 85 of 2004, Nos. 39, 103 and 105 of 2005), the words "Section I of Chapter Three of the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 69. In the Narcotic Substances and Precursors Control Act (promulgated in the State Gazette No. 30 of 1999; amended in No. 63 of 2000, Nos. 74, 75 and 120 of 2002, No. 56 of 2003, Nos. 76, 79 and 103 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 70. In the Explosives, Weapons and Ammunition Control Act (promulgated in the State Gazette No. 133 of 1998; amended in No. 85 of 2000, No. 99 of 2002, No. 71 of 2003, Nos. 102 and 105 of 2005, No. 17 of 2006), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 71. In Article 36a (5) of the Corporate Income Tax Act (promulgated in the State Gazette No. 115 of 1997; corrected in No. 19 of 1998; amended in Nos. 21 and 153 of 1998, Nos. 12, 50, 51, 64, 81, 103, 110 and 111 of 1999, Nos. 105 and 108 of 2000, Nos. 34 and 110 of 2001, Nos. 45, 61, 62 and 119 of 2002, Nos. 42 and 109 of 2003, Nos. 18, 53 and 107 of 2004, Nos. 39, 88, 91, 102, 103 and 105 of 2005), the words "the Supreme Administrative Court Act" shall be replaced by "he Code of Administrative Procedure".
§ 72. In Article 44 (3) of the Blood, Blood Donation and Blood Transfusion Act (promulgated in the State Gazette No. 102 of 2003; amended in No. 70 of 2004), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 73. In the Human Medicinal Drugs and Pharmacies Act (promulgated in the State Gazette No. 36 of 1955, [modified by] Constitutional Court Judgment No. 10 of 1996, [promulgated] in No. 61 of 1996; amended in No. 38 of 1998, No. 30 of 1999, No. 10 of 2000, [modified by] Constitutional Court Judgment No. 3 of 2000, [promulgated in] No. 37 of 2000; amended in No. 59 of 2000, [modified by] Constitutional Court Judgment No. 7 of 2000, [promulgated] in No. 78 o 2000; amended in No. 41 of 2001, Nos. 107 and 120 of 2002; corrected in No. 2 of 2003; amended in Nos. 56, 71 and 112 of 2003; amended in Nos. 70 and 111 of 2004, Nos. 37, 76, 85, 87, 99 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 74. In the Medical-Treatment Facilities Act (promulgated in the State Gazette No. 62 of 1999; amended in Nos. 88 and 113 of 1999; corrected, No. 114 of 1999; amended, Nos. 36, 65 and 108 of 2000; [modified by] Constitutional Court Judgment No. 11 of 2001, [promulgated in] No. 51 of 2001; amended in Nos. 28 and 62 of 2002, Nos. 83, 102 and 114 of 2003, No. 70 of 2004, Nos. 46, 76, 85, 88 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 75. In the Medicinal Plants Act (promulgated in the State Gazette No. 29 of 2000; amended in Nos. 23 and 91 of 2002), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 76. The Marks and Geographical Indications Act (promulgated in the State Gazette No. 81 of 1999; corrected in No. 82 of 1999; amended in Nos. 28, 43, 94 and 105 of 2005) shall be amended as follows:
1. (Effective 1.03.2007) In Article 50 (1), the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
2. (Effective 1.03.2007) In Article 68, the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
3. (Effective 1.03.2007) In Article 77, the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
4. The words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 77. In the Local Taxes and Fees Act (promulgated in the State Gazette No. 117 of 1997; amended in Nos. 71, 83, 105 and 153 of 1998, No. 103 of 1999, Nos. 34 and 102 of 2000, No. 109 of 2001, Nos. 28, 45, 56 and 119 of 2002, Nos. 84 and 112 of 2003, Nos. 6, 18, 36, 70 and 106 of 2004, Nos. 87, 94, 100, 103 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 78. (Effective 1.03.2007) In Article 104 (1) of the Local Elections Act (promulgated in the State Gazette No. 66 of 1995; corrected in No. 68 of 1995; [modified by] Constitutional Court Judgment No. 15 of 1995, [promulgated in] No. 85 of 1995; amended in No. 33 of 1996; [modified by] Constitutional Court Judgment No. 4 of 1997, [promulgated in] No. 22 of 1997; amended in Nos. 11 and 59 of 1998, Nos. 69 and 85 of 1999, No. 29 of 2000, No. 24 of 2001, No. 45 of 2002, Nos. 69 and 93 of 2003, No. 28 of 2005, Nos. 17 and 24 of 2006), the word "district" shall be replaced by "administrative", and the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
§ 79. (Effective 1.03.2007) The Local Self-government and Local Administration Act (promulgated in the State Gazette No. 77 of 1991; amended in Nos. 24, 49 and 65 of 1995, No. 90 of 1996, No. 122 of 1997, Nos. 33, 130 and 154 of 1998, Nos. 67 and 69 of 1999, Nos. 26 and 85 of 2000, No. 1 of 2001, Nos. 28, 45 and 119 of 2002, No. 69 of 2003, Nos. 19 and 34 of 2005) shall be amended as follows:
1. In Article 30 (3) and (5), the word "district" shall be replaced by "administrative".
2. In Article 32 (3), the word "district" shall be replaced by "administrative", and the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
§ 80. In Article 20 of the Measures against Money Laundering Act (promulgated in the State Gazette No. 85 of 1998; amended in No. 1 of 2001, No. 31 of 2003, Nos. 103 and 105 of 2005), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 81. In the Financial Support for Culture Act (promulgated in the State Gazette No. 103 of 2005), the words "the Supreme Administrative Court Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 82. In the Ministry of Interior Act (promulgated in the State Gazette No. 122 of 1997; [modified by] Judgment No. 3 of the Constitutional Court of 1998, [promulgated in] No. 29 of 1998; amended in Nos. 70, 73 and 153 of 1998, Nos. 30 and 110 of 1999, Nos. 1 and 29 of 2000, No. 28 of 2001, Nos. 45 and 119 of 2002, Nos. 17, 26, 95, 103, 112 and 114 of 2003, Nos. 15, 70 and 89 of 2004, Nos. 11, 19, 27, 86, 103 and 105 of 2005, No. 24 of 2006), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 83. The Ministry of Interior Act (promulgated in the State Gazette No. 17 of 2006) shall be amended as follows:
1. (Effective 1.03.2007) In Article 245 (2), the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
2. The words "the Administrative Procedure Act" and "the Administrative Procedure Act or of the Supreme Administrative Court Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 84. The Customs Act (promulgated in the State Gazette No. 15 of 1998; amended in Nos. 89 and 153 of 1998, Nos. 30 and 83 of 1999, No. 63 of 2000, No. 110 of 2001, No. 76 of 2002, Nos. 37 and 95 of 2003, No. 38 of 2004, Nos. 45, 86, 91 and 105 of 2005) shall be amended as follows:
1. (Effective 1.03.2007) In Article 84f (7), the word "district" shall be replaced by "administrative".
2. (Effective 1.03.2007) In Article 211i (5), the word "district" shall be replaced by "administrative".
3. The words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 85. The Maritime Space, Inland Waterways and Ports of the Republic of Bulgaria Act (promulgated in the State Gazette No. 12 of 2000; amended in No. 111 of 2001, Nos. 24 and 70 of 2004, No. 11 of 2005, [modified by] Constitutional Court Judgment No. 5 of 2005, [promulgated in] No. 45 of 2005; amended in Nos. 87, 88, 94, 102 and 104 of 2005) shall be amended as follows:
1. In Article 96 (3), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 117b (6), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 86. In the Employment Promotion Act (promulgated in the State Gazette No. 112 of 2001; amended in Nos. 54 and 120 of 2002, Nos. 26, 86 and 114 of 2003, Nos. 52 and 81 of 2004, Nos. 27 and 38 of 2005, No. 18 of 2006), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 87. In Article 24 (5) of the Independent Financial Audit Act (promulgated in the State Gazette No. 101 of 2001; amended in No. 91 of 2002, No. 96 of 2004, Nos. 77 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 88. In the Notaries and Notarial Practice Act (promulgated in the State Gazette No. 104 of 1996; amended in Nos. 117, 118 and 123 of 1997, No. 24 of 1998, No. 69 of 1999, No. 18 of 2003, Nos. 29 and 36 of 2004, Nos. 19 and 43 of 2005), the words "the Supreme Administrative Court Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 89. The Municipal Property Act (promulgated in the State Gazette No. 44 of 1996; amended in No. 104 of 1996, No. 55 of 1997, Nos. 22 and 93 of 1998, Nos. 23, 56, 64, 67, 69 and 96 of 1999, No. 26 of 2000, No. 34 of 2001, No. 120 of 2001, No. 101 of 2004) shall be amended as follows:
1. (Effective 1.03.2007) In Article 15 (5), the word "district" shall be replaced by "administrative".
2. (Effective 1.03.2007) In Article 18 (3), the word "district" shall be replaced by "administrative".
3. (Effective 1.03.2007) In Article 27 (1), the word "district" shall be replaced by "administrative".
4. (Effective 1.03.2007) In Article 46 (5), the word "district" shall be replaced by "administrative".
5. The words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 90. In the Municipal Debt Act (promulgated in the State Gazette No. 34 of 2005; amended in No. 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 91. In Article 35 (2) of the Ombudsman Act (promulgated in the State Gazette No. 48 of 2003), the words "the Supreme Administrative Court" shall be replaced by "the Code of Administrative Procedure".
§ 92. The Environmental Protection Act (promulgated in the State Gazette No. 91 of 2002; corrected in No. 98 of 2002; amended in No. 86 of 2003, No. 70 of 2004, Nos. 74, 77, 88, 95 and 105 of 2005) shall be amended and supplemented as follows:
1. In Article 27, the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 99 (6), the words "the Administrative Procedure Act and the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
3. In Article 113, the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
4. In Article 116g, the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
5. In Article 127 (3), the words "the Administrative Procedure Act and the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
6. In Article 160 (4), the words "the Administrative Procedure Act or under the Administrative Procedure Act, as the case may be" shall be replaced by "the Code of Administrative Procedure".
§ 93. In the Agricultural Land Conservation Act (promulgated in the State Gazette No. 35 of 1996; amended in Nos. 14 and 26 of 2000, No. 28 of 2001, No. 112 of 2003, No. 18 of 2006), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 94. In Article 32 (4) of the Safeguarding of Farming Property Act (promulgated in the State Gazette No. 54 of 1974; amended in No. 22 of 1976, No. 36 of 1979, No. 28 of 1982, No. 45 of 1984, No. 65 of 1995, Nos. 44 and 86 of 1996, No. 11 of 1998), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 95. In Article 44 (1) of the Act on Protection of Public Order upon Conduct of Sports Events (promulgated in the State Gazette No. 96 of 2004; amended in Nos. 103 and 105 of 2005), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 96. In Article 29 (1) of the Registered Pledges Act (promulgated in the State Gazette No. 100 of 1996; amended in No. 86 of 1997, No. 42 of 1999, Nos. 19 and 58 of 2003, Nos. 34 and 43 of 2005), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 97. The Republic of Bulgaria Defence and Armed Forces Act (promulgated in the State Gazette No. 112 of 1995; amended in No. 67 of 1996, No. 122 of 1997, Nos. 70, 93, 152 and 153 of 1998, Nos. 12, 67 and 69 of 1999, Nos. 49 and 64 of 2000, No. 25 of 2001, Nos. 1, 40, 45 and 119 of 2002, Nos. 50, 86, 95 and 112 of 2003, Nos. 93 and 111 of 2004, Nos. 27, 38, 76, 88, 102 and 105 of 2005) shall be amended as follows:
1. In Article 131, the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
2. (Effective 1.03.2007, in respect of the replacement of the word "district" by "administrative" and the replacement of the words "the Sofia City Court" by "the Sofia City Administrative Court") In Article 132, Paragraph (1) shall be amended to read as follows:
"(1) The order on discharge from voluntary military service shall be appealable according to a judicial procedure through the agency of the authority which issued the said order. Any disputes shall be cognizable in the administrative courts or in the Supreme Administrative Court according to the procedure established by the Code of Administrative Procedure.".
3. In Article 314, the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 98. The Act on the Liability for Damage Incurred by the State and the Municipalities (promulgated in the State Gazette No. 60 of 1988; amended in No. 59 of 1993, No. 12 of 1996, No. 67 of 1999, No. 92 of 2000 and No. 105 of 2005) shall be amended and supplemented as follows:
1. The title of the Act shall be amended to read as follows: "Act on the Liability for Damage Incurred by the State and the Municipalities".
2. Article 1 shall be amended to read as follows:
"Liability for Activity of the Administration
Article 1. (1) The State and the municipalities shall be liable for any damage inflicted on individuals and legal persons by legally non-conforming acts, actions or omissions of State bodies and municipal authorities and officials upon or in connection with the performance of administrative activity.
(2) Any legal actions under Paragraph (1) shall be examined according to the procedure established in the Code of Administrative Procedure.".
3. Article 3 shall be amended to read as follows:
"Obligation to Clarify
Article 3. The authority which revoked the wrongful act under Article 2 herein shall be obligated to clarify to the individual or to a representative of the legal person the procedure according to which they can protect their rights.".
4. In Article 9 (2), after the word "individuals" there shall be inserted "and legal persons".
§ 99. The Monuments of Culture and Museums Act (promulgated in the State Gazette No. 29 of 1969; amended in No. 29 of 1973, No. 36 of 1979, No. 87 of 1980, No. 102 of 1981, No. 45 of 1984, No. 45 of 1989, Nos. 10 and 14 of 1990, No. 112 of 1995; [modified by] Constitutional Court Judgment No. 5 of 1996, [promulgated in] No. 31 of 1996; amended in No. 44 of 1996, No. 117 of 1997, No. 153 of 1998, No. 50 of 1999, No. 55 of 2004, Nos. 28 and 94 of 2005, No. 21 of 2006) shall be amended as follows:
1. In Article 7 (8), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 33b (4), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 100. The Funds Transfers, Electronic Payment Instruments and Payment Systems Act (promulgated in the State Gazette No. 31 of 2005; amended in No. 99 of 2005) shall be amended as follows:
1. In Article 66 (2), the words "Article 7 (2) and Article 11 (1) of the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 79 (2), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 101. The Patents Act (promulgated in the State Gazette No. 27 of 1993; amended in No. 83 of 1996, No. 11 of 1998, No. 81 of 1999, Nos. 45 and 66 of 2002, No. 17 of 2003) shall be amended as follows:
1. (Effective 1.03.2007) In Article 59, the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
2. The words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 102. The Subsurface Resources Act (promulgated in the State Gazette No. 23 of 1999; amended in No. 28 of 2000, No. 108 of 2001, No. 47 of 2002, No. 86 of 2003, Nos. 28 and 94 of 2005) shall be amended and supplemented as follows:
1. (Effective 1.03.2007) In Article 75 (7), the word "district" shall be replaced by "administrative".
2. The words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 103. In the Agricultural Producers Support Act (promulgated in the State Gazette No. 58 of 1998; amended in Nos. 79 and 153 of 1998, Nos. 12, 26, 86 and 113 of 1999, No. 24 of 2000, Nos. 34 and 41 of 2001, Nos. 46 and 96 of 2002, No. 18 of 2004, Nos. 14 and 105 of 2005, No. 18 of 2006), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 104. In the Seed Stock and Planting Stock Act(promulgated in the State Gazette No. 20 of 2003; amended in No. 27 of 2005), everywhere the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 105. In Article 5 (4) of the Act on Political and Civil Vindication for Individuals Who Have Undergone Repressive Actions (promulgated in the State Gazette No. 50 of 1991; amended in No. 52 of 1994, No. 12 of 2004, No. 29 of 2005), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 106. In the Legal Aid Act (promulgated in the State Gazette No. 79 of 2005, amended in No. 105 of 2005, No. 17 of 2006), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 107. (Effective 1.03.2007) The Industrial Designs Act (promulgated in the State Gazette No. 81 of 1999; amended in No. 17 of 2003, Nos. 43 and 105 of 2005) shall be amended as follows:
1. In Article 49, the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
2. In Article 61, the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
§ 108. The Vocational Education and Training Act (promulgated in the State Gazette No. 68 of 1999; amended in Nos. 1 and 108 of 2000, No. 111 of 2001, Nos. 103 and 120 of 2002, No. 29 of 2003, Nos. 28, 77 and 94 of 2005) shall be amended as follows:
1. In Article 49a (11), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 68 (2), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 109. In Article 215 of the Public Offering of Securities Act (promulgated in the State Gazette No. 114 of 1999; amended in Nos. 63 and 92 of 2000, Nos. 28, 61, 93 and 101 of 2002, Nos. 8, 31, 67 and 71 of 2003, No. 37 of 2004, Nos. 19, 31, 39, 103 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 110. In the Apiculture Act (promulgated in the State Gazette No. 57 of 2003; amended in No. 87 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 111. In Article 26 (10) of the Roads Act (promulgated in the State Gazette No. 26 of 2000; amended in No. 88 of 2000, No. 111 of 2001, Nos. 47 and 118 of 2002, Nos. 9 and 112 of 2003, Nos. 6 and 14 of 2004, Nos. 88 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 112. In the Agricultural and Forestry Machines and Equipment Registration and Control Act (promulgated in the State Gazette No. 79 of 1998; amended in No. 22 of 2003, Nos. 74 and 88 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 113. In the Fisheries and Aquaculture Act (promulgated in the State Gazette No. 41 of 2001; amended in Nos. 88, 94 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 114. In the Water-Supply and Sewerage Services Regulation Act (promulgated in the State Gazette No. 18 of 2005), the words "the Supreme Administrative Court Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 115. In Article 9 (5) of the Irrigation Associations Act (promulgated in the State Gazette No. 34 of 2001; amended in No. 108 of 2001), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 116. In Article 10 (7) of the Family Allowances Act (promulgated in the State Gazette No. 32 of 2002; amended in No. 120 of 2002, No. 12 of 2003, No. 69 of 2004, No. 105 of 2005, No. 21 of 2006), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 117. The Agricultural Land Ownership and Use Act (promulgated in the State Gazette No. 17 of 1991; corrected in No. 20 of 1991; amended in No. 74 of 1991, Nos. 18, 28, 46 and 105 of 1992, No. 48 of 1993; [modified by] Constitutional Court Judgment No. 12 of 1993, [promulgated in] No. 64 of 1993; amended in No. 83 of 1993, No. 80 of 1994, Nos. 45 and 57 of 1995; [modified by] Constitutional Court Judgments Nos. 7 and 8 of 1995, [promulgated in] No. 59 of 1995; amended in No. 79 of 1996; [modified by] Constitutional Court Judgments No. 20 of 1996, [promulgated in] No. 79 of 1996; amended in No. 104 of 1996, Nos. 62, 87, 98 and 123 of 1997, Nos. 59, 88 and 133 of 1998, No. 68 of 1999, Nos. 34 and 106 of 2000, Nos. 62, 87, 98 and 123 of 2002, No. 16 of 2003, No. 36 of 2004, No. 17 of 2006) shall be amended as follows:
1. (Effective 1.03.2007) In Article 14 (3), sentence five shall be amended to read as follows: "The regional court judgment shall be subject to cassation appeal before the administrative court according to the procedure established by the Code of Administrative Procedure, which shall be examined by the court sitting in a panel of three judges.".
2. (Effective 1.03.2007) In § 4k (6), the word "district" shall be replaced by "administrative".
3. The words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 118. In the Social Assistance Act (promulgated in the State Gazette No. 56 of 1998; amended in Nos. 45 and 120 of 2002, No. 18 of 2006), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 119. In Article 12 (3) of the Commodity Exchanges and Wholesale Markets Act (promulgated in the State Gazette No. 56 of 1998; amended in Nos. 41 and 153 of 1998, No. 18 of 1999, No. 20 of 2000, No. 41 of 2001), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 120. (Effective 1.01.2007) The Judicial System Act (promulgated in the State Gazette No. 59 of 1994;, [modified by] Constitutional Court Judgement No.8 of 1994, [promulgated in] No. 78 of 1994; [modified by] Constitutional Court Judgement No. 9 of 1994, [promulgated in] No. 87 of 1994; [modified by] Constitutional Court Judgement No. 17 of 1995, [promulgated in] No. 93 of 1995; amended in No. 64 of 1996; [modified by] Constitutional Court Judgement No. 19 of 1996, [promulgated in] No. 96 of 1996; amended in Nos. 104 and 110 of 1996, Nos. 58, 122 and 124 of 1997, Nos. 11 and 133 of 1998; [modified by] Constitutional Court Judgment No. 1 of 1999, [promulgated in] No. 6 of 1999; amended in Nos. 34, 38 and 84 of 2000, No. 25 of 2001, No. 74 of 2002; [modified by] Constitutional Court Judgment No. 11 of 2002, [promulgated in] No. 110 of 2002; [modified by] Constitutional Court Judgment No. 13 of 2002, [promulgated in] No. 118 of 2002; amended in Nos. 61 and 112 of 2003, Nos. 29, 36 and 70 of 2004; [modified by] Constitutional Court Judgment No. 4 of 2004, [promulgated in] No. 93 of 2004; [modified by] Constitutional Court Judgment No. 4 of 2005, [promulgated in] No. 37 of 2005; amended in Nos. 43 and 86 of 2005, No. 17 of 2006; [modified by] Constitutional Court Judgment No. 1 of 2006, [promulgated in] No. 23 of 2006) shall be amended and supplemented as follows:
1. In Article 3 (1), after the words "district courts" there shall be placed a comma and there shall be inserted "administrative courts".
2. In Article 30 (1):
(a) in Item 2 at the end, there shall be placed a comma and there shall be added "as well as in respect of the presidents of the administrative courts";
(b) there shall be inserted a new Item 9:
"9. the presidents of the administrative courts: in respect of the deputies thereof and of the judges at the said courts;"
(c) the existing Items 9 through 13 shall be renumbered to become Items 10 through 14, respectively.
3. In Article 35c (5), the words "Article 127 (1) through (5)" shall be replaced by "Article 127 (1) through 6".
4. In Article 35f (5), the words "Article 127 (1) through (5)" shall be replaced by "Article 127 (1) through 6".
5. In Article 38, after the words "district courts" there shall be placed a comma and there shall be inserted "administrative courts".
6. In Article 39:
(a) in Paragraph (1), after the words "district courts" the conjunction "and" shall be replaced by a comma and there shall be inserted "administrative courts and".
(b) there shall be inserted a new Paragraph (3):
"(3) The administrative courts shall examine the administrative cases assigned thereto by law as courts of first instance or cassation instance.";
(c) the existing Paragraphs (3), (4) and (5) shall be renumbered to become Paragraphs (4), (5) and (6), respectively.
7. In Article 41, the words "at joint sessions of the plenums of the said Supreme Courts" shall be replaced by "by the general meetings of the judges of the relevant judicial boards".
8. In Article 58 (1), after the word "commercial" the comma shall be replaced by the conjunction "and", and the words "and administrative" shall be deleted.
9. In Item 4 [sic, actually Item 5 - Translator's Note] of Article 59 (3), the words "and the Supreme Administrative Court" shall be deleted.
10. In Chapter Four, there shall be inserted a new Section IVa:
"Section IVa
Administrative Court
Article 64a. The administrative court shall take cognizance of all administrative cases with the exception of such specified by a law as cognizable in the Supreme Administrative Court.
Article 64b. The administrative court shall examine the administrative cases sitting in a panel of a single judge.
Article 64c. Should the office of any judge of an administrative court be vacant or any such judge be prevented from executing the office thereof and the said judge may not be substituted by another judge of the same court, the President of the Supreme Administrative Court may second a judge of another administrative court or a junior judge with experience of not less than two years in lieu of the said administrative court judge.
Article 64d. (1) By resolution of the general meeting of judges, departments specialized in specific subject matters may be established at the administrative court, and the said departments shall be headed by the president and the vice presidents.
(2) Each administrative court shall consist of judges and junior judges.
Article 64e. (1) The president of the administrative court shall perform the following functions:
1. exercise overall organizational and administrative direction of the administrative court, and represent the administrative court;
2. prepare:
(a) an annual report on the operation of the administrative court, and transmit the said report to the President of the Supreme Administrative Court for information and for inclusion into the annual report to the Supreme Judicial Council;
(b) reference briefs and statistics in electronic format according to a standard form endorsed by the Supreme Judicial Council, and transmit the said briefs and statistics for review to the Supreme Judicial Council and, for information, to the Minister of Justice;
3. at the end of every six-month period, prepare information on the initiation and progress of cases and submit the said information to the Inspectorate with the Ministry of Justice;
4. chair court panels of all departments, where such have been established;
5. convene the judges of the administrative court to discuss the report referred to in Item 2 (a), the reports on the audits and examinations, the motions for interpretative judgments and decrees, as well as other matters;
6. convene and preside over the general meeting of the judges of the court.
Article 64f. (1) Each administrative court shall have a general meeting which shall consist of all judges.
(2) The general meeting shall perform the following functions:
1. at the end of every three years, distribute the judges among departments, where such have been established;
2. give opinions before the Supreme Administrative Court on drafts of interpretative judgments and decrees;
3. pass resolutions in other cases provided for by a law.
(3) For the valid transaction of business at the sessions of the general meeting, at least two-thirds of the total number of judges shall have to be present thereat.
(4) Resolutions shall require a simple majority of the number of those present.".
11. In Article 72, Paragraph (2) shall be repealed.
12. In Article 83, the words "Article 127 (4) shall be replaced by "Article 127 (3)".
13. In Item 2 of Article 84 (1), the words "as well as" shall be deleted, and at the end there shall be added "as well as where rendering joint interpretative decrees with a general meeting of a judicial board of the Supreme Administrative Court".
14. In Article 93:
(a) in Paragraph (1), the word "two" shall be deleted;
(b) Paragraph (2) shall be amended to read as follows:
"(2) The president and the vice presidents shall head the judicial boards.".
15. In Article 94, the words "an appellate court or of a district court" shall be replaced by "an administrative court", and the words "Article 127 (4)" shall be replaced by "Article 127 (5)".
16. In Article 95:
(a) in Item 1:
(aa) in Littera (b), the word "district" shall be replaced by "administrative";
(bb) there shall be added a new Littera (c):
"(c) disputes as to the legal conformity of statutory instruments of secondary legislation;";
(b) In Item 2, Littera (a) shall be repealed;
(c) there shall be inserted new Items 3 and 4:
"3. seven judges, where examining motions for reversal of effective judicial acts;
4. a general meeting of all judges, where rendering interpretative decrees in case of conflicting or incorrect case law on the application of the laws in the administration of administrative justice.";
(d) the existing Item 3 shall be renumbered to become Item 5 and shall be amended to read as follows:
"5. a general meeting of all judges, where rendering interpretative judgments resolving controversies as to the interpretation and application of the law.".
17. In Article 96:
(a) Paragraph (1) shall be amended to read as follows:
"(1) The following shall attend the sessions of the general meetings and shall express an opinion:
1. the Deputy Prosecutor General heading the Supreme Administrative Prosecution Office;
2. prosecutors of the Prosecution Office with the Supreme Administrative Court, where they wish so;
3. the presidents of the administrative courts;
4. the Chairperson or a member of the Supreme Bar Council;
5. prominent experts in the theory and practice of law.";
(b) Paragraph (2) shall be repealed;
(c) the existing Paragraph (3) shall be renumbered to become Paragraph (2);
(d) there shall be inserted a new Paragraph (3):
"(3) The President of the Supreme Administrative Court shall notify the persons covered under Paragraph (1) of the date and time of holding of the session.";
(e) Paragraph (4) shall be repealed.
18. Article 97 shall be amended to read as follows:
"Article 97. (1) Motions for rendition of interpretative judgments may originate from the President of the Supreme Court of Cassation, the President of the Supreme Administrative Court, the Prosecutor General and the Deputy Prosecutor General heading the Supreme Administrative Prosecution Office, the Ombudsman, the Minister of Justice, the presidents of the administrative courts, the Chairperson of the Supreme Bar Council and the panels of judges of the Supreme Administrative Court on specific cases.
(2) Motions for rendition of interpretative decrees may furthermore originate from the authorities covered under Paragraph (1) and from parties to cases on which there are effective conflicting judgments of court and rulings.
(3) The interpretative decrees shall be binding on the judicial and the executive authorities, on the bodies of local self-government, as well as on all authorities which issue administrative acts.
(4) The interpretative judgments shall provide guidance to the courts and to the administrative authorities.".
19. In Item 1 of Article 99 (3), after the words "composition" there shall be inserted "of the judicial boards and".
20. In Item 5 of Article 123 (4), the words "Item 13" shall be replaced by "Item 14".
21. In Article 125:
(a) there shall be inserted a new Item 4:
"4. judge at an administrative court;";
(b) the existing Items 4, 5 and 6 shall be renumbered to become Items 5, 6 and 7, respectively.
22. In Article 125a:
(a) in Paragraph (1), there shall be inserted a new Item 3:
"3. the president of an administrative court;";
(b) the existing Items 3 and 4 shall be renumbered to become Items 4 and 5, respectively.
23. In Article 125c (1), the words "Items 2 through 4" in the text before Item 1 shall be replaced by "Items 2 through 5".
24. In Article 127:
(a) there shall be inserted a new Paragraph (3):
"(3) To qualify for appointment as a judge at an administrative court, a person must have completed a length of service of at least five years or at least three years as a junior judge at an administrative court.";
(b) the existing Paragraphs (3) and (4) shall be renumbered to become Paragraphs (4) and (5), respectively;
(c) the existing Paragraph (5) shall be renumbered to become Paragraph (6), and the words "Paragraphs (1) through (4)" therein shall be replaced by "Paragraphs (1) through (5)";
(d) the existing Paragraph (6) shall be renumbered to become Paragraph (7), and the words "Paragraph (3)" therein shall be replaced by "Paragraph (4)", whereas the words "Paragraph (4)" shall be replaced by "Paragraph (5)".
25. In Article 132 (2), the words "Paragraphs (1) through (5)" shall be replaced by "Paragraphs (1) through (6)".
26. In Article 143:
(a) the existing text shall be redesignated to become Paragraph (1);
(b) there shall be added a new Paragraph (2):
"(2) The persons who hold the office of judge at an administrative court shall be assigned to the rank of judge at an appellate court, judge at the Supreme Administrative Court and head of department at the Supreme Administrative Court under the terms established by Article 142 (1) herein.".
27. In Item 2 of Article 146, the words "Article 127 (5)" shall be replaced by "Article 146 (6)".
28. In Article 147:
(a) there shall be inserted a new Paragraph (4):
"(4) Junior judges at the administrative courts shall be appointed by the Supreme Judicial Council for a term of three years, which may be extended by one more year.";
(b) the existing Paragraph (4) shall be renumbered to become Paragraph (5).
29. In Article 167a (3), after the words "by the presidents of the appellate" there shall be placed a comma and there shall be inserted "administrative".
30. In Article 190 (2):
(a) there shall be inserted a new Item 5:
"5. to the judges of the administrative court: by the president of the said court, and to the presidents of the administrative courts: by the President of the Supreme Administrative Court;"
(b) the existing Items 5 through 8 shall be renumbered to become Items 6 through 9, respectively.
31. In Article 200b (1), after the words "geographical jurisdiction of" there shall be inserted "an administrative court and".
32. In Article 200g:
(a) Paragraph (1) shall be amended to read as follows:
"(1) The lists referred to in Article 200b (1) herein shall be endorsed by commissions composed of:
1. chairperson: a judge of the Supreme Administrative Court, designated by the President of the said Court, and members: judges of the relevant administrative court, designated by the president of the said court: in respect of the lists of the administrative courts;
2. [the] president of the appellate court or a designee thereof, the appellate prosecutor or a designee thereof, the president of the district court, the district prosecutor and the director of the director of the district investigation service: in respect of the lists of the district courts.";
(b) Paragraph (3) shall be amended to read as follows:
"(3) The presidents of the appellate and of the administrative courts shall transmit the lists for the respective geographical jurisdictions to the
Minister of Justice for promulgation in the State Gazette and for publication via the Internet.".
§ 121. Article 33 (6) of the Doctors and Dentists Professional Organizations Act (promulgated in the State Gazette No. 83 of 1998; amended in No. 70 of 2004, Nos. 76 and 85 of 2005), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 122. In Article 36 (6) of the Professional Organization of Nurses, Midwives and Associated Medical Specialists Act (promulgated in the State Gazette No. 46 of 2005; amended in No. 85 of 2005), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 123. In the Grain Storage and Grain Trade Act (promulgated in the State Gazette No. 93 of 1998; amended in No. 101 of 2000, Nos. 9 and 58 of 2003, Nos. 69 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 124. The Technical Requirements for Products Act (promulgated in the State Gazette No. 86 of 1999; amended in Nos. 63 and 93 of 2002, Nos. 18 and 107 of 2003, Nos. 45, 77, 88, 95 and 105 of 2005) shall be amended as follows:
1. In Article 30c (2), the words "the Supreme Administrative Court Act or under the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 34a (8), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
3. In Article 36, Paragraph (7) shall be amended to read as follows:
"(7) Any refusals by the Chairperson of the State Agency for Metrological and Technical Surveillance to register the persons and any refusals 'y the empowered officials of the Directorate General of State Technical Surveillance Inspection shall be appealable within fourteen days after receipt of the said refusals according to the procedure established by the Code of Administrative Procedure.".
4. In Article 36a, Paragraph (5) shall be amended to read as follows:
"(5) Any orders by the Chairperson of the State Agency for Metrological and Technical Surveillance, referred to in Paragraph (4), and any orders by the empowered officials of the Directorate General of State Technical Surveillance Inspection, referred to in Paragraph (4), shall be appealable within fourteen days after receipt of the said refusals according to the procedure established by the Code of Administrative Procedure.".
5. In Article 49 (3), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 125. (Effective 1.03.2007) The Topographies of Integrated Circuits Act (promulgated in the State Gazette No. 81 of 1999) shall be amended as follows:
1. (Effective 1.03.2007, in respect of the replacement of the word "district" by "administrative" and the replacement of the words "the Sofia City Court" by "the Sofia City Administrative Court") In Article 28 (2), the words "before the Sofia City Court according to the procedure established by the Administrative Procedure Act" shall be replaced by "before the Sofia City Administrative Court according to the procedure established by the Code of Administrative Procedure".
2. In Article 38, the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
§ 126. The Tourism Act (promulgated in the State Gazette No. 56 of 2002; amended in Nos. 119 and 120 of 2002, No. 39 of 2004, Nos. 28, 39, 94, 99 and 105 of 2005) shall be amended as follows:
1. In Article 18 (6), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 20 (3), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
3. In Article 54 (3), the words "the Administrative Procedure Act or, respectively, according to the procedure established by the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
4. In Article 66, the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 127. In Article 40 of the Tobacco and Tobacco Products Act (promulgated in the State Gazette No. 101 of 1993; amended in No. 19 of 1994, No. 110 of 1996, No. 153 of 1998, No. 113 of 1999, Nos. 33 and 102 of 2000, No. 110 of 2001, No. 20 of 2003, Nos. 57 and 70 of 2004, Nos. 91, 95, 99 and 105 of 2005, No. 18 of 2006), the words "the Administrative Procedure Act" and "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 128. The Asylum and Refugees Act (promulgated in the State Gazette No. 54 of 2002; amended in No. 31 of 2005) shall be amended as follows:
1. (Effective 1.03.2007) In Article 84 (1), the word "district" shall be replaced by "administrative".
2. (Effective 1.03.2007) In Article 85 (1) and (4), the words "the district" shall be replaced by "the administrative".
3. In Article 86, the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
4. In Article 91, the words "the Administrative Procedure Act, the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 129. The Waste Management Act (promulgated in the State Gazette No. 86 of 2003; amended in No. 70 of 2004, Nos. 77, 87, 88, 95 and 105 of 2005) shall be amended as follows:
1. In Article 49:
(a) in Item 1, the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure";
(b) In Item 2, the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
2. In Article 52 (3), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
3. In Article 55 (4), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
4. In Article 59 (2), the words "the Supreme Administrative Court Act or, respectively, under the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
5. In Article 70, the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
6. In Article 77 (3), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure'.
7. In Article 78 (4), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
8. In Article 102 (4), the words "the Supreme Administrative Court Act or, respectively, according to the procedure established by the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 130. In Article 72 (1) of the Crisis Management Act (promulgated in the State Gazette No. 19 of 2005, amended in No. 17 of 2006), the words "the Administrative Procedure Act or of the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 131. In Article 4 (2) of the Act to Settle the Housing Problems of Long-Standing Home-Purchase Savings Depositors (promulgated in the State Gazette No. 82 of 1991; amended in Nos. 62 and 94 of 1992; corrected in No. 9 of 1993; amended in No. 90 of 1993, No. 16 of 1996, No. 123 of 1997, No. 33 of 1998, Nos. 9 and 34 of 2000), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 132. The Spatial Development Act (promulgated in the State Gazette No. 1 of 2001; amended in Nos. 41 and 111 of 2001, No. 43 of 2002, Nos. 20, 65 and 107 of 2003, Nos. 36 and 65 of 2004, Nos. 28, 76, 77, 88, 94, 95, 103 and 105 of 2005) shall be amended as follows:
1. In Article 213, the words "under the Administrative Procedure Act and under the Supreme Administrative Court Act" shall be replaced by "under the Code of Administrative Procedure".
2. (Effective 1.03.2007) In Article 215 (1), the word "district" shall be replaced by "administrative", and the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
3. In Article 216 (3), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
4. In Article 219 (3), the words "the Administrative Procedure Act or, respectively, the Supreme Administrative Court" shall be replaced by "the Code of Administrative Procedure".
5. In Item 11 of Article 222 (1), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
6. In Article 228, the words "the Administrative Procedure Act and the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 133. In Article 17 (9) of the Physical Education and Sports Act (promulgated in the State Gazette No. 58 of 1996; [modified by] Constitutional Court Judgment No. 8 of 1997, [promulgated in] No. 53 of 1997; amended in No. 124 of 1998, Nos. 51 and 81 of 1999, No. 53 of 2000; corrected in No. 55 of 2000; amended in No. 64 of 2000, No. 75 of 2002; [modified by] Constitutional Court Judgment No. 6 of 2002, [promulgated in] No. 95 of 2002; amended in No. 120 of 2002, No. 96 of 2004, Nos. 88 and 103 of 2005), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 134. In the Film Industry Act (promulgated in the State Gazette No. 105 of 2003; amended in Nos. 28, 94 and 105 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 135. In Article 16 (3) of the Animal Feed Act (promulgated in the State Gazette No. 82 of 1999; amended in No. 101 of 2000, No. 58 of 2003, Nos. 69 and 87 of 2005), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 136. The Gambling Act (promulgated in the State Gazette No. 51 of 1999; amended in No. 103 of 1999, No. 53 of 2000, Nos. 1, 102 and 110 of 2001, No. 75 of 2002, No. 31 of 2003, No. 70 of 2004, Nos. 79, 94, 95, 103 and 105 of 2005) shall be amended as follows:
1. (Effective 1.03.2007) In Article 25 (1), the words "the Sofia City Court" shall be replaced by "the Sofia City Administrative Court".
2. The words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 137. In the Foodstuffs Act (promulgated in the State Gazette No. 90 of 1999; amended in No. 102 of 2003, No. 70 of 2004, Nos. 87, 99 and 105 of 2005), the words "the Administrative Procedure Act" and "the Supreme Administrative Court Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 138. In Article 22 of the Private Security Business Act (promulgated in the State Gazette No. 15 of 2004; amended in No. 105 of 2005), the words "the Administrative Procedure Act" shall be replaced by "the Code of Administrative Procedure".
§ 139. In the Foreigners in the Republic of Bulgaria Act (promulgated in the State Gazette No. 153 of 1998; amended in No. 70 of 1999, Nos. 42 and 112 of 2001, Nos. 45 and 54 of 2002, Nos. 37 and 103 of 2003, Nos. 37 and 70 of 2004, Nos. 11, 63 and 88 of 2005), the words "the Administrative Procedure Act" shall be replaced passim by "the Code of Administrative Procedure".
§ 140. In Article 45 (5) of the Not-for-Profit Legal Entities Act (promulgated in the State Gazette No. 81 of 2000; amended in Nos. 41 and 98 of 2001, Nos. 25 and 120 of 2002, Nos. 42, 102 and 105 of 2005), the words "the Supreme Administrative Court Act" shall be replaced by "the Code of Administrative Procedure".
§ 141. The implementation of this Code shall be entrusted to the Council of Ministers, the Supreme Judicial Council, the President of the Supreme Administrative Court, the Minister of State Administration and Administrative Reform, and the Minister of Justice.
§ 142. This Code shall enter into force three months after the promulgation thereof in the State Gazette with the exception of:
1. Title Three, Item 1 of § 2 and Item 2 of § 2 herein (in respect of the repeal of Chapter Three, Section II "Appeal Before the Court" [of the Administrative Procedure Act]), Items 1 and 2 of § 9, Items 1 and 2 of § 11, § 15, Items 1 and 2 of § 44, Item 1 of § 51, Item 1 of § 53, Item 1 of § 61, Item 3 of § 66, Items 1 to 3 of § 76, § 78, § 79, Item 1 of § 83, Items 1 and 2 of § 84, Items 1 to 4 of § 89, Item 1 of § 101, Item 1 of § 102, § 107, Items 1 and 2 of § 117, § 125, Items 1 and 2 of § 128, Item 2 of § 132 and Item 1 of § 136, as well as § 34, Item 2 of § 35, Item 2 of § 43, Item 1 of § 62, Items 2 and 4 of § 66, Item 2 of § 97, and Item 1 of § 125 herein (in respect of the replacement of the word "district" by "administrative" and the replacement of the words "the Sofia City Court" by "the Sofia City Administrative Court"), which shall enter into force as from the 1st day of March 2007;
2. § 120 herein, which shall enter into force as from the 1st day of January 2007;
3. § 3 herein, which shall enter into force as from the day of promulgation of this Code in the State Gazette.
This Act was passed by the 40th National Assembly on the 29th day of March 2006 and the Official Seal of the National Assembly has been affixed thereto.
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