Law On The Amendment Of The Code Of Civil Procedure

Original Language Title: Закон за изменение и допълнение на Гражданския процесуален кодекс

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Name of the law amending the law on Civil Procedure Code Name of Bill a bill amending the civil procedure code Date of adoption 15/06/2012 number/year Official Gazette 49/2012 Decree No 240

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the code of civil procedure, adopted by the National Assembly of the HLI 15 June 2012

Issued in Sofia on 26 June 2012.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Diana Kovatcheva

LAW

Amendment of the code of civil procedure (promulgated, SG. 59 of 2007; amend., no. 50 of 2008; the Decision the Constitutional Court No. 3 of 2008 – No. 63 by 2008; amend., SG. 69 since 2008, issue 12, 18, 32 and 42 by 2009; No. 4 Decision of the Constitutional Court of 2009 – No. 47 of 2009; amend. , PC. 82/2009, PCs. 13 and 100 by 2010; Decision No. 15 of the Constitutional Court from 2010 – PCs. 5 of 2011.)

§ 1. In art. 73 Al is created. 4: "(4) the percentage of the proportional fee in Executive share decreases with increasing interest as the fee may not exceed the maximum amount set out in the tariff under para. 3. Proportional fee will be added to the inventory for the lesser amount of the property and money is described by making. The sum of all fees at the expense of proportional debtor or creditor in the same enforcement proceedings may not exceed one-tenth of the obligation, unless their minimum size specified in the tariff, exceeding this size. "

§ 2. In art. 79 creates al. 3: "(3) to carry out an inventory of property within the period of voluntary performance fee shall not be collected."

§ 3. In art. 431. 4 in the first sentence, the words ' the levy ' shall be replaced by ' the relevant State or local tax, except in the cases under art. 83, para. 1 and art. 84. "

§ 4. In art. 433, para. 1, item 6, finally a comma and add "except in the cases of art. 83. "

§ 5. Art is created. 450:

"Electronic claim attachment of bank account

Art. 450. (1) the attachment of the debtor's claim on an account in the Bank can be enforced by the bailiff through the distress message in the electronic form, signed with a qualified electronic signature, sent electronically through a single environment for the exchange of electronic attachments. Attachment of the debtor's other claims of the Bank is carried out in the normal manner.

(2) the bailiff and the banks can be included or excluded from the unified environment for exchanging electronic attachments with unilateral statement to the Minister of Justice. With their inclusion in a single environment and bailiffs, banks are obliged to accept electronic submissions in connection with the imposition, implementation and lifting of seizure. When you disconnect from a Single environment and bailiffs, banks are obliged to continue to accept electronic submissions in connection with electronic liens, imposed to date.

(3) notice, the answer to the Bank, the lifting of the seizure, the acknowledgement of the message and the other statements in connection with the imposition, implementation and lifting of seizure shall be submitted and maintained in the system through a single standard approved by the Manager of the Bulgarian National Bank and the Minister of Justice.

(4) requirements for a single environment for exchanging electronic liens shall be approved by the Manager of the Bulgarian National Bank and the Minister of Justice.

(5) electronic submissions have been received by the addressee with their withdrawal from the unified environment for the exchange of electronic attachments.

(6) When the statement is represented by a different standard, you are missing required elements or the author cannot be identified, the addressee returns a message that the receipt is not confirmed and the reasons for it.

(7) the bailiff made a note in the case of actions carried out in the form of an electronic document, stating his place of storage in a Single environment for the exchange of electronic attachments. "

§ 6. In art. 455 para. 2 shall be amended as follows:

"(2) the payment of the due to the creditor and the creditor becomes receipts amounts within 7 days from the entry into force of the distribution of the amounts collected or from the expiry of the time limit under art. 191, para. 5 of the tax-insurance procedure code and if there is no legal obstacle to this. Payment on the basis of payment orders of the bailiff, who notes the repayments on the order of payment. "

§ 7. In art. 487, para. 2, the words ' and ' shall be deleted, and after the word "property" there shall be added "and published on the website of the District Court be had".

§ 8. In art. 496. 2, first sentence, after the words "of the day" is added "entry into force".

Transitional and final provisions

§ 9. Within one month from the entry into force of this law the Council of Ministers shall adopt amendments to the tariff for State fees to be collected by the courts under the civil procedure code and the tariff for the fees and costs to the law on private enforcement agents, arising from this Act.

§ 10. In cases in which the Executive until the entry into force of this Act are imported advance proportional charges, but have not been carried out relevant activities, fees are not recalculated.

§ 11. For the actions that have been carried out pending the entry into force of this law, without the advance fee collected under art. 83 of the law on private enforcement agents shall be charged in accordance with this law.

§ 12. In the law on private enforcement agents (promulgated, SG. 43 from 2005, amend., no. 39, 2006, no. 31, 59 and 64 of 2007 No. 69 since 2008, no. 97 and no. 82 of 2011) make the following amendments and supplements: 1. In art. 19 Al is created. 4:

"(4) the bailiff shall in the cases under art. 487, para. 2 of the code of civil procedure to publish notices of public sale and on the website of the Chamber. "

2. In art. 68, para. 1, item 4, the words "three months" are replaced by "a".

3. In art. 69, para. 1 the word "two" shall be replaced by "three".

4. In art. 78 establishes the Al. 4:

"(4) to carry out an inventory of property within the period of voluntary performance fee shall not be collected."

5. In art. 83, para. 2 after the word "interest" is added as the fee may not exceed the maximum amount set out in the tariff referred to in art. 78, para. 2 "and the second and third sentences:" proportional fee will be added to the inventory for the lesser amount of the property and money is described by making. The sum of all fees at the expense of proportional debtor or creditor in the same enforcement proceedings may not exceed one-tenth of the obligation, unless their minimum size specified in the tariff, exceeding this size. "

§ 13. Paragraphs (5) and (7) shall apply from 1 January 2013.

The law was adopted by 41-Otto National Assembly on 15 June 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Anastas Anastasov

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