Law On Forfeiture Of Illegally Acquired Property State

Original Language Title: Закон за отнемане в полза на държавата на незаконно придобито имущество

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Name of the law, law on the forfeiture of illegally acquired property the Name of the Bill a Bill to withdraw the illegally acquired property acceptance date 03/05/2012 number/year Official Gazette 38/2012 Decree No 187

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 of forfeiture to the State of illegally acquired property, adopted by the National Assembly of the HLI 3 may 2012.

Issued in Sofia on May 14, 2012.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Diana Kovatcheva

LAW

for forfeiture to the State of illegally acquired property

Chapter one

GENERAL

Art. 1. (1) this law shall be governed by the conditions and the order of forfeiture to the State of illegally acquired property.

(2) For property under para. 1 be considered property, the acquisition of which is not established legitimate source.

Art. 2. proceedings under this law shall be conducted independently of the criminal proceedings against administrativnonakazatelnoto or the inspected person and/or its affiliates.

Art. 3. (1) the law aims to protect the interests of the society and to restore a sense of fairness at citizens by preventing and limiting the opportunities for illegal acquisition of property and the disposal of it.

(2) to achieve the objective referred to in paragraph 1. 1 can impose restrictions on the ownership, respecting the rights of the defence of the persons concerned and prevent the risk of injustice.

Art. 4. Restrictions of ownership provided for in this law shall apply to the extent that is necessary to achieve the purpose of the law.

Chapter two

AUTHORITIES FOR THE IDENTIFICATION OF ILLEGALLY ACQUIRED PROPERTY

Art. 5. (1) the Commission to withdraw the illegally acquired property, hereinafter referred to as "the Commission", is an independent State body specialized postoânnodejstvaŝ.

(2) the Commission is a legal person with headquarters in Sofia and major authorising officer.

(3) the Commission shall be assisted by the administration.

(4) the Territorial units of the Commission are the territorial directorates, located in areas of the courts of appeal, which are guided by the directors and shall assist in its activities from inspectors. To the territorial directorates can be created territorial bureaus with areas of action laid down in the rules of art. 20.

Art. 6. (1) the Commission is a collective body that consists of five members, including a Chairman and a Vice-Chairman.

(2) the President of the Commission is a person with a higher legal education and a minimum of 12 years experience. The Vice-President and the members of the Commission are persons with higher legal or economic education and at least 5 years experience.

(3) the President of the Commission is appointed by the Prime Minister. Deputy Chairman and two members are elected by the National Assembly, and one of the members shall be appointed by the President of the Republic.

(4) the National Assembly cannot elect a Commission composed of more than one member proposed by the same parliamentary group.

(5) the mandate of the Commission is 5 years and begins on the day of completion of its composition.

Art. 7. (1) the proposals for Vice President and for members of the National Assembly shall be submitted to the National Assembly no sooner than three months and not later than two months before the expiry of the mandate of the Commission and shall be published on the website of the National Assembly.

(2) the Commission of the National Assembly held a hearing on the proposed candidates who meet the requirements of the law, and submit to the National Assembly a report which summarizes results from it.

(3) the National Assembly shall elect a Vice-President and, separately, two members of the Commission.

Art. 8. (1) a member of the Commission may be legally competent Bulgarian citizen who:

1. has not been convicted of an indictable offence in spite of rehabilitation;

2. is not released from criminal liability for deliberately an indictable offence by imposing an administrative penalty;

3. it is not deprived of the right to occupy certain position or State to exercise a profession or activity;

4. is authorised to access classified information classified "top secret".

(2) a member of the Commission is not entitled to two consecutive terms.

(3) a member of the Commission may not:

1. position in State or municipal authorities;

2. exercise a commercial activity or is a partner, Manager or participate in supervisory, management or supervisory bodies of a company, cooperative, State-owned enterprise or non-profit entity;

3. receive a fee for doing business under a contract or on service with the State or a public body, with a commercial company, cooperative or non-profit entity, individual or sole proprietor in addition to research and teaching, or for the exercise of copyright;

4. exercise the profession or other paid professional activity;

5. join political parties or coalitions, in organizations with political goals, to carry out political activities or perform activities that affect his or her independence.


(4) in the event of incompatibility under para. 3 the selected accordingly appointed a member of the Commission is required within one month of the election, appointment, respectively, to take the necessary action to remove the incompatibility.

Art. 9. (1) the relationship of the Member of the Commission shall be terminated early by the relevant authority in:

1. death;

2. resignation;

3. objective incapacity to perform his duties for more than 6 months;

4. a conviction for an indictable offence intentionally or exemption from criminal liability for deliberately an indictable offence by imposing an administrative penalty;

5. incompatibility under art. 8, al. 3 If you have not taken the necessary action to correct her within a month of the election, by appointment;

6. a serious breach or systematic non-performance of duties;

7. entry into force of the Act, with established conflict of interest under the law for the prevention and detection of conflicts of interest;

8. the age of 65 years of age;

9. the withdrawal of authorisation for access to classified information classified "top secret".

(2) upon the occurrence of the circumstances under para. 1 shall be notified to the authority in selecting, appointing, respectively, for making new choices, respectively the appointment.

(3) in the early release of a member of the Commission, the authority referred to in the selection, appointment, respectively elected, respectively, shall appoint a new Member within a month of the release, which completes the mandate.

Art. 10. (1) the President of the Commission shall receive a basic monthly remuneration amounting to 85 per cent of the basic monthly remuneration of the President of the National Assembly.

(2) the Vice-President receives a basic monthly remuneration amounting to 80 per cent of the remuneration of the President of the Commission.

(3) other members of the Commission receive a basic monthly remuneration amounting to 75 per cent of the remuneration of the President of the Commission.

(4) the members of the Commission are not entitled to the extra stimulation.

Art. 11. (1) the Commission shall adopt decisions on:

1. commencement of proceedings under this Act; the production includes lodging at the Court of the request for interim measures and an action for forfeiture to the State of illegally acquired property;

2. termination of the examination under art. 27 or for an extension of the time limit;

3. refusal of commencement of proceedings under this Act;

4. termination of proceedings under this Act;

5. the conclusion of the agreement referred to in art. 79;

6. appointment of the directors of the territorial directorates and at their proposal – the inspectors in them, as well as for amendment and termination of their employment relationship;

7. realization of other powers provided for in this Act.

(2) decisions of the Commission shall be adopted by a majority of more than half of all members and motivate. In the explanatory statement shall indicate the facts, evidence, on the basis of which they are established, as well as the legal conclusions.

(3) the Commission Reasoned refusal under para. 1, item 3, shall be published promptly on the Commission's website in compliance with the requirements of the data protection act and the Act on protection of classified information.

(4) The meetings of the Commission shall be taken.

(5) Decisions are subject to appeal under the administrative code. The appeal of the decision does not stop its implementation.

Art. 12. (1) the President of the Commission:

1. to represent the Commission;

2. organizes and manages its activities;

3. convene and preside over meetings;

4. controls and is responsible for the implementation of the budget;

5. penal provisions of wrongdoing under this Act;

6. enter into, amend and terminate employment relationships with employees of the administration.

(2) the Vice-President assists the President and replace him in his absence.

Art. 13. (1) the authorities of the Commission are the directors of the territorial directorates and inspectors.

(2) The directors of the territorial directorates are appointed persons who have higher legal or economic education and at least 5 years experience and meet the requirements for taking up his duties under art. 8, al. 1, and the requirements of incompatibility under art. 8, al. 3, after a competition.

(3) inspectors in the territorial directorates are appointed persons with higher legal or economic education which meet the requirements of incompatibility under art. 8, al. 3, after a competition.

Art. 14. (1) the National Assembly carried out parliamentary control over the activities of the Commission.

(2) the members of the Commission shall be required for the invitation to appear in the National Assembly and to provide the information requested.

Art. 15. (1) the Commission, by 31 March each year at the National Assembly presented an activity report.

(2) the report shall be provided and of the President of the Republic, and of the Council of Ministers and shall be published on the Commission website on the Internet.

Art. 16. (1) the information that is made known to the members of the Committee of Directors and inspectors in the territorial directorates, as well as employees in the Administration in or on the occasion of the performance of their duties, is confidential.

(2) upon taking office the persons referred to in para. 1 sign a declaration that they will not divulge the information at the time of taking up his duties, and after their release.


(3) the members of the Commission, directors of the territorial directorates, inspectors and employees in the Administration signed a declaration of private interest and a declaration of private interest on a particular occasion.

Art. 17. Members of the Commission and the directors of the territorial directorates do not bear liability for the damage caused in the exercise of the powers under this Act, unless the damage occurred as a result of an intentional crime.

Art. 18. Members of the Commission, directors of the territorial directorates and inspectors be insure for casualty insurance and life insurance in or on the occasion of the performance of his duties at the expense of the State budget.

Art. 19. (1) length of service of the members of the Commission and of the directors and inspectors in the territorial directorates, as well as of the persons in the Administration, occupying a position that requires a higher legal education and legal capacity, respect for legal experience.

(2) the internship on the persons referred to in para. 1, occupying a position that requires higher economic education, respect for experience in the public sector.

Art. 20. (1) the structure and activity of the Commission and its administration are governed by rules.

(2) the rules shall be adopted by the Commission and shall be published in the Official Gazette.

Chapter three

ESTABLISHMENT OF ILLEGALLY ACQUIRED PROPERTY

Art. 21. (1) the Commission shall initiate proceedings under this Act where it can make a reasonable assumption that a property was acquired illegally.

(2) there is an educated guess, after checking out identify significant non-compliance in the property of the inspected person.

Art. 22. (1) the verification referred to in art. 21, para. 2 begins with the Act of the Director of the territorial Directorate, when a person is attracted to as a defendant for the crime of: 1. Article 108a, para. 1 – 3 and art. 109, para. 3;

2. Article 116, para. 1, item 7 and 10;

3. Article 142;

4. articles 155, 156, art. 158 a, para. 2 and art. 159, para. 5;

5. articles 158 and 159-d;

6. Article 196;

7. Article 199;

8. articles 201-203;

9. Article 208, para. 3, 4 and 5;

10. Article 209, para. 1 and 2, art. 210, 211, art. 212, para. 3, 4 and 5 and article. 212A;

11. articles 213 and 214 –;

12. Article 215, para. 2, paragraphs 1 and 3;

13. Article 219, para. 3 and 4, art. 220, para. 2 and art. 225 c, para. 1 and 2;

14. in article 227, para. (2);

15. Article 233, para. 1 and 2, art. 234, para. 2, art. 234, 234 b and art. 235, para. 1-5;

16. articles 242-242;

17. articles 243-246, art. 248a, al. 5 and art. 249-252;

18. Article 253, art. 253 a, para. 1 and 2, art. 254 b, para. 2, art. 255 – 256, art. 259 and art. 260, para. 1;

19. Article 280;

20. articles 282, 283 and 283;

21. articles 301-305, art. 307 in and 307 (d);

22. Article 308, para. 2 and 3 and article. 310, para. 1;

23. Article 321, para. 1 – 3 and 6, art. 321, para. 1 and 2 and art. 327, para. 1-3;

24. Article 337, para. 1 – 4, art. 339, para. 2 and art. 346. 2, item 4, para. 3 and 6;

25. Article 354, para. 1 – 4, art. 354 b, para. 4 – 6 and art. in 354, para. 1-3 of the Penal Code.

(2) the investigation begins and when the person has not been drawn as a culprit for a cation under para. 1 the reason that denied instituting criminal proceedings or proceedings initiated criminal proceedings have been terminated because: 1. the amnesty followed;

2. expired Statute of limitations provided for in the law;

3. After carrying out the crime of an offender in a prolonged disorder of consciousness, which excludes sanity;

4. the offender has died;

5. in respect of the person's permit transfer of criminal proceedings in another State.

(3) the investigation begins and when criminal proceedings for an offence under para. 1 is suspended and the person cannot be drawn as the culprit, since: 1. After carrying out the crime in a short-lived disorder of consciousness, which excludes the sanity or have another serious illness;

2. possesses immunity;

3. has no known address and could not be found.

Art. 23. check under art. 21, para. 2 starts and when under Bulgarian law has recognised the Act of a foreign court for any of the offences under art. 22, para. 1 or on administrative violation under art. 24, para. 1.

Art. 24. (1) the verification referred to in art. 21, para. 2 begins with the Act of the Director of the territorial Directorate on the basis of notification by administrativnonakazvaŝiâ authority where a person has an act on administrative violation of nature to create benefit, if the benefit is worth more than 150 000. at the time of acquisition, and cannot be taken away by another line.

(2) the notification under paragraph 1. 1 contains information about:

1. the person to whom it is imposed administrative punishment by an act;

2. the administrative offence;

3. the property of the person, if there is data on it.

(3) State and municipal bodies and officials that the Office has become known, that was acquired by administrative infringement of over 150, 000. at the time of the acquisition, which could not be taken away in a different order, shall immediately notify the Director of the territorial Directorate and to send the file.

(4) citizens who have become known circumstances under para. 3, may inform the Commission thereof.

Art. 25. (1) the examination in the cases under art. 22 starts on the basis of notification by the Prosecutor to the Director of the territorial Directorate.

(2) the notification under paragraph 1. 1 contains information about:

1. a person for whom there is the basis of art. 22;

2. the offense for which the person is drawn as the culprit;

3. the property of the person, if there is data on it.

(3) the Ministry of Justice shall notify the Commission of any cases of prosecuted in another country or the judgement of a foreign court against Bulgarian citizens for crimes related to those referred to in art. 22, para. 1.


(4) the Supreme Cassation Prosecutor's Office and the Ministry of Justice shall notify the Commission on the transfer of criminal proceedings.

Art. 26. the verification to the Commission cannot be initiated by an anonymous tip.

Art. 27. (1) the verification referred to in art. 21, para. 2 continues up to one year.

(2) the Commission may once to extend the period under para. 1 with another 6 months.

(3) the examination shall cover a period of 15 years from the date of initiation.

(4) on the basis of the results of the examination within one month of its completion, the Director of the territorial Directorate shall draw up a report to the Commission with a reasoned conclusion:

1. extension of the inspection;

2. termination of the inspection;

3. commencement of proceedings under this Act.

Chapter four

POWERS OF THE COMMISSION IN CARRYING OUT THE INSPECTION

Art. 28. For the period under examination under art. 27, al. 3 the authorities under art. 13, para. 1 collect information on:

1. the property, its location, the value and the legal basis for the acquisition;

2. the market value of the property at the time of the acquisition;

3. the market value of the property at the time of the inspection;

4. conversion of property;

5. the revenue and expenditure for ordinary activities and extraordinary income and expenses of the legal person;

6. normal and extraordinary income and expenses for the maintenance of the physical person and members of his family;

7. public paid amounts owed to the State and the municipalities;

8. transactions with the assets of the legal person;

9. transactions with the assets of the inspected person and members of his family;

10. travel abroad of the inspected person and members of his family, as well as to the persons who constitute the entity;

11. Securities and the burdens imposed on the assets and liabilities, which are undertaken;

12. other circumstances that matter to clarify the origin of the property, the method of acquisition and conversion.

Art. 29. the Commission and the directors of the territorial directorates may request the Court of banking secrecy, disclosure of trade secrets under art. 35, para. 1 of the law on markets in financial instruments and information under art. 133, para. 2 of the law on public offering of securities where it is necessary to achieve the objective of the law.

Chapter five

INTERACTION WITH OTHER PUBLIC AUTHORITIES

Art. 30. (1) in order to achieve the objective of law bodies under art. 13, para. 1, the Prosecutor's Office, the Ministry of the Interior, the authorities of the State Agency for national security, the revenue bodies and authorities of the Customs Agency in accordance with the competence, carry out a check of the sources for the acquisition of the property.

(2) the procedure and time limits for implementation of interaction are determined with a joint statement to the Commission, the Chairman of the State Agency for national security, the Minister of Interior, Minister of finance and the Attorney General.

Art. 31. Prosecutors, assigned to monitor pretrial proceedings for an offence under art. 22, para. 1, shall immediately notify the Director of the territorial Directorate for:

1. the pre-trial proceedings for offences under art. 22, para. 1;

2. orders by refusing the formation or pre-litigation procedure initiated shall be suspended or terminated, as well as those resumes suspended production for a crime under art. 22, para. 1, for the reasons set out in art. 22, para. 2 and 3;

3. the submission of an indictment in a Court of law;

4. security measures imposed on the defendant's property.

Art. 32. The directors of the territorial directorates may make a written request to the competent authorities for the disclosure of income tax and insurance information for the parties.

Art. 33. The directors of the territorial directorates provide the bodies of the national revenue agency information on seized in favour of the State property and its location.

Art. 34. (1) in the exercise of its powers under this Act the authorities under art. 13, para. 1 may want assistance and information from State and municipal authorities, retailers, credit institutions and other legal persons of notaries and bailiffs.

(2) the authorities and persons referred to in para. 1 are obliged to provide the information within one month of the request, except those that are provided in a special order.

(3) the exchange of classified information shall be carried out in accordance with the law on the protection of classified information.

(4) the processing of personal data is carried out in accordance with the law on the protection of personal data.

Art. 35. For any action under this law the authorities under art. 13, para. 1 draw up a Protocol, except where the action is certified with another document.

Art. 36. Persons in or on the occasion of the performance of their duties has become known information about the inspection, do not have the right to disclose it.

Chapter six

PRECAUTIONARY MEASURES AND FORFEITURE TO THE STATE OF ILLEGALLY ACQUIRED PROPERTY

Section I

Precautionary measures

Art. 37. (1) the Commission shall adopt a decision for submission to the Court an application for securing a future action for the forfeiture of property on the basis of the report of the Director of the respective territorial Directorate of verification when sufficient data have been collected, from which to make an educated guess that the property was illegally acquired.

(2) in the Al. 1 indicate so far imposed burdens and collateral on the property.


(3) the Commission shall submit a request for securing a future action for the forfeiture of illegally acquired property in the District Court at the permanent address of the person on the seat of the legal person. When the property is listed property, the application shall be submitted to the District Court with jurisdiction over the location of the property, and when the property has several real property – in the District Court at the location of the property with the highest tax assessment.

(4) the Commission may request the imposition of protective measures on the property of a natural person not enforceable pursuant to art. 444 of the code of civil procedure, as well as on the bank account of the legal person and the sole proprietor, intended for the payment of wages and social security contributions of staff only if they are charged in a separate analytical accounting account.

(5) When there are no sufficient data from which to make an educated guess that the property was illegally obtained, the Commission shall adopt a decision for refusal for the commencement of proceedings under this Act and the termination of the inspection or adopt a decision concerning the return of the file for the collection of additional data.

Art. 38. (1) the Court shall decide without delay with the definition, which allow or refuse the imposition of preventive measure.

(2) the permitted where:

1. without him would be impossible or would impede the implementation of the rights referred to in the decision for the withdrawal of the property, and

2. the request is supported by sufficient evidence, on the basis of which you can make an educated guess that the person owns or controls the illegally acquired property.

(3) the definition, which allows imposition of a preventive measure shall be subject to immediate execution.

(4) the definition of the Court may be appealed to a private complaint within 7 days. For the applicant, the period runs from the date of service of the defendant, and the definition of guarantee from the date of service of the notice of a preventive measure imposed by the bailiff, by the registry or by the Court.

(5) at the request of the Commission on the basis of the definition of the Court issued separate protective orders for movables and real estate, with a view to the local jurisdiction of the bailiff.

Art. 39. (1) the Court may impose precautionary measures under art. 397, para. 1 of the code of civil procedure.

(2) preventive measures cover and interest, as well as other civil fruits of the property on which they are imposed.

(3) the Court may admit several types of protective measures to the extent of the asking price.

(4) at the request of the Commission or the Director of the territorial Directorate the Court may order the sealing of premises, equipment and vehicles, where there is a danger of dispersion, destruction, conceal or dispose of property held in them.

Art. 40. (1) after the entry into force of the order for interim measures on the basis of a reasoned request by the person concerned or at the request of the Commission, the Court may authorize a payment or other dispose with property over which the security was imposed, in cases of emergency.

(2) the Court shall decide without delay by order, which shall be subject to appeal.

(3) Cancellation of interdiction, the lifting of the seizure, as well as the cancellation of other protective measures shall be carried out on the basis of the final order of the Court.

Art. 41. (1) the precautionary measures shall be implemented by the Commission award by the judge more entries and bailiffs under local jurisdiction, as defined in art. 427, para. 1 of the code of civil procedure.

(2) the entry of a foreclosure and the imposition of a lien shall be carried out immediately.

(3) For the implementation of precautionary measures shall not collect Government taxes.

Art. 42. (1) the foreclosure on real property shall be carried out at the request of the authorities under art. 13, para. 1 by entry of a precautionary warrant of the Court on disposition of the judge the entries.

(2) the judge of entries sent a message to the owner of the property on which the prohibition is imposed – the registration.

(3) Special bet on commercial enterprise in which the property is included in the Al. 1, entered after the foreclosure, unable to oppose the State.

Art. 43. (1) the attachment of movable property having immediately at the request of the authorities under art. 13, para. 1 to send a message by the bailiff to the respondent of guarantee.

(2) the distress is considered to be enforced by the receipt of the notice.

(3) at the request of the authorities under art. 13, para. 1 the bailiff carries out inventory, assessment and transfer of the property of the defendant or the guarantee of a third party or the property forfeited and shall transmit it for storage of bodies under art. 13, para. 1. On the property can be placed zaporen sign (sticker).

(4) When things are the property of the trading company, the bailiff sends a message to record a lien imposed in the central register of pledge.

Art. 44. (1) in the attachment of a ship or other vessel the bailiff sends a message to the Executive Agency "maritime administration" for the registration of the seizure in the relevant registers.

(2) upon seizure of vehicle communication is sent to the Ministry of the Interior.


(3) in the case of attachment of civil aircraft, the bailiff sends a message to the General Directorate for Civil Aviation Administration "for entry in the register of civil air craft.

(4) upon seizure of agricultural or forestry equipment subject to registration in accordance with the law for registration and control of agricultural and forestry machinery, the bailiff sends a message to the technical inspection of the Ministry of agriculture and food.

Art. 45. (1) the distress under art. 44 is considered to be enforced from the date of receipt of the notice by the authorities responsible for the relevant registers.

(2) the defendant in the security message is sent to the service of the attachment imposed after notice to the officer of the registry.

(3) there shall be no alteration of the registration referred to in art. 44 equipment before removing the attachment.

(4) the bailiff may request the authorities of the Ministry of Internal Affairs immobilisation for up to three months of a motor vehicle, on which is a seizure.

Art. 46. (1) the attachment of debts, which the defendant has a guarantee by a natural or legal person, the bailiff by sending a distress message to the third liable person and the Bank, in which the third liable person.

(2) the distress is deemed to be imposed by the date and time of receipt of the notice from the third liable person or by the Bank, in which the person has opened bank accounts.

(3) the defendant in the security message is sent for precautionary seizure imposed after service of notice of the third liable person.

(4) When making zaporiranoto is secured by collateral, of the person who holds the property ranks to pass it along to a bailiff, who puts it at the disposal of a person indicated by the authority under art. 13, para. 1. (5) When making zaporiranoto is secured by a mortgage, the distress is noted in the relevant book in the entries.

(6) when claims under para. 1 has been issued a writ, the bailiff shall seize him by the person who holds it, and forward it for safekeeping with the Protocol of the authority under art. 13, para. 1.

(7) the extinctive prescription of claim does not run from the date of receipt of notice from the third liable person.

Art. 47. (1) in the cases under art. 46, para. 6 bodies under art. 13, para. 1 have the right to request recovery of the claim to be entrusted to the Commission and to form a self enforcement case against the person – for the order of payment.

(2) the amounts recovered by enforcement case are translated by the bailiff on behalf of the Commission.

Art. 48. (1) the imposition on the attachment of bank accounts in national or foreign currency is carried out by describing, seizing and submission to a special bank account of the Commission. In the course of conversion of foreign currency is applied, the rate of the Bulgarian National Bank for the currency at the date of the inventory.

(2) the imposition of a lien on all types of bank accounts of the defendant of guarantee in national or foreign currency shall be made by sending a notice to the Bank.

(3) Seizure may have and on all types of assets, invested in vaults or cartridges, as well as on the amounts held in trust by the defendant administration of guarantee.

(4) the distress under para. 2 and 3 are considered cash from the moment of receipt of the notice by the Bank. Message for attachment to the imposed respondent of guarantee shall be sent after receipt of the notification by the Bank.

(5) Vr″čitelât enter the time and date of receipt. Where a communication is sent by mail, the official notes the time and date of receipt.

Art. 49. (1) the imposition of attachment of available securities is carried out by an inventory at their nominal value and seizing them by the bailiff.

(2) upon the imposition of a lien on the available registered shares or debentures shall inform the bailiff company. The distress effect for the company of the receipt of the notice.

(3) the bailiff shall forward the available securities for the Bank, which shall be drawn up.

Art. 50. (1) the imposition of attachment of book entry securities collateral is performed by sending a distress message to the central depository, while at the same time notify and trading company.

(2) the distress shall have effect from the time of service of the notice of the central depository.

(3) Central Depository shall disclose without delay to the relevant regulated market imposed seizure.

(4) the central depository is obliged, within three days of receipt of the notice to provide the bailiff for information held by the respondent on the collateral securities and liens imposed on other claims.

(5) the bailiff shall inform the authorities under art. 13, para. 1 for the information received under paragraph 1. 4.

Art. 51. (1) the imposition of a lien on Government securities is carried out by sending a distress message to the central depository or by the Bulgarian National Bank – poddepozitar, and to foreign institutions, which are registered in the accounts of Government securities.

(2) the distress is considered to be enforced from the date of receipt of the notice by the person who keeps a register of Government securities.


(3) the person shall keep a register of public securities is obliged, within three days of receipt of the notice to provide the bailiff for information held by the respondent on the collateral securities and liens imposed on other claims.

(4) the bailiff shall inform the authorities under art. 13, para. 1 for the information received under paragraph 1. 3.

Art. 52. (1) the distress on securities comprises all property rights in security.

(2) the disposal of securities after the receipt of the notice shall have no effect in respect of the State.

Art. 53. (1) the attachment of a share of a company having by sending a distress message by the bailiff to the registry Agency.

(2) the distress shall be entered on the order for registration of the bet on the share of the company and is considered to be enforced by its registration in the commercial register. The registry Agency shall notify the company established for attachment.

Art. 54. the transfer of right to ownership, establishment and transfer of property rights and establishment of encumbrances on immovable property v″zbraneniâ, as well as the disposal of chattels distrained, securities, shares and loans, made after the time from which the foreclosure or the distress shall be considered imposed, shall not have effect in relation to the State.

Art. 55. (1) at the commencement of the enforcement of the terms of the code of civil procedure, the tax-insurance procedure code and the law of pledge on property and claims on which are imposed precautionary measures in accordance with this Act, the authority for implementation shall immediately inform the Commission and shall forward a copy of the Act, on the basis of performance. The Commission may ask the Court annulment of preventive measures, and replacing them with another equivalent collateral.

(2) property and claims on which are imposed or protective measures against which the enforcement of the order of the tax-insurance procedure code before imposing precautionary measures in accordance with this law shall be implemented by a public performer by the order of the tax-insurance procedure code until the entry into force of the Court decision for the withdrawal of the property to the State. Prior to the commencement of the enforcement of the order of the tax-insurance procedure code the public executor shall notify to the Commission and send a copy of the Act, on the basis of performance. The Commission may ask the Court annulment of preventive measures, or replacing them with another equivalent collateral.

Art. 56. For the outstanding questions in this section shall be subject to the provisions of the code of civil procedure.

Section Ii

Actions subsequent to the imposition of precautionary measures

Art. 57. (1) after the imposition of precautionary measures the authorities under art. 13, para. 1 invite inspected natural person to submit a written declaration to:

1. vehicles owned by him and members of his family real estate and motor vehicles, ships and aircraft, limited real rights on real estate, bank deposits, securities, works of art, movable archaeological values, equity participation in companies, receivables, patents, trademarks and industrial designs, as well as other property;

2. list of its and the members of his family bank accounts in the country and abroad;

3. the sources of funds and the grounds for acquisition of the property and to the maintenance of his family;

4. transactions with real estate, movable property, shares and stocks in commercial companies, transfer of an undertaking or any other legal or commercial transactions with the property of the person and the members of his family during the investigation period, as well as the sources of funds for the operation;

5. liabilities to third parties;

6. the balance of the cash to the starting date of the IP;

7. other circumstances relating to the property of the inspected person.

(2) when the inspected person died, his descendants and zavetnici, have adopted legacy, are invited to submit the Declaration referred to in paragraph 1. 1. where the succession is not adopted, the authorities referred to in art. 13, para. 1 request under art. 51 of the law on inheritance.

(3) the person shall submit the Declaration within 14 days of receipt of the notification, and if he's abroad – within one month.

(4) the model of the Declaration is confirmed by a decision of the Commission and shall be published in the Official Gazette.

Art. 58. the authorities referred to in art. 13, para. 1 invited to submit a Declaration and:

1. third parties under art. 64, 65 and 67;

2. persons who represent, manage or control the entity referred to in art. 66, para. 1.

Art. 59. no conclusions can be made to the detriment of the inspected person and members of his family in case of refusal to provide a declaration.

Art. 60. (1) after the imposition of precautionary measures, the Commission shall provide the inspected person the opportunity to participate in the proceedings.

(2) the bodies referred to in article 1. 13, para. 1 notify the inspected person, provide him for getting all the materials concerning him, and give him one month to make objections and to present evidence.

(3) legal persons shall be represented before the Committee by persons who represent them by law or by the rules. Where there is no rule for the representation, the legal person is represented by two members of its management.


(4) in proceedings before the Commission inspected person may be represented by a lawyer or another person under the terms of the code of civil procedure with a written power of attorney.

(5) the inspected person of the explanations and statements submitted under art. 57 and 58 cannot be the basis for the initiation of criminal proceedings against persons, nor evidence to support the accusation.

Art. 61. (1) After consideration of the objections of the inspected person and collecting the evidence, the Director of the territorial Directorate shall submit to the Commission a reasoned report within one month. The report shall set out:

1. the type and value of the acquired property;

2. the presence or absence of significant non-compliance in the property of the inspected person;

3. evidence of knowledge or assumption of third parties, that the property was illegally acquired;

4. the evidence for the presence or absence of encumbrances or other collateral, imposed on the property;

5. other evidence on which the request is based;

6. final conclusion.

(2) the Commission within one month of the submission of the report referred to in para. 1 shall adopt a decision to:

1. termination of the proceeding in the file, if the evidence does not establish or unable to make an educated guess that the property was illegally acquired;

2. the claim for the forfeiture of the illegally acquired property.

Section Iii

The subject of withdrawal

Art. 62. In accordance with this law shall be withdrawn in favour of the State illegally acquired property.

Art. 63. (1) where it is not possible to take a separate property under art. 62, takes a cash equivalent is determined by market price at the time of making the application for withdrawal.

(2) Property under art. 62 includes:

1. the personal property of the inspected person;

2. assets acquired in common by both spouses or by persons in de facto cohabitation;

3. the property of minor children, and

4. the property of the wife of the inspected person, whichever of the spouses regime;

5. the assets of the person inspected person is in a de facto cohabitation.

Art. 64. the transactions carried out with illegally acquired property are void in respect of the State and given by them subject to withdrawal when:

1. grant transactions with natural or legal persons;

2. v″zmezdni deals with third parties, if they were aware or could suggest that the property is acquired, or illegally acquired the property in order to disguise the illicit origin or of actual rights associated with it.

Art. 65. The withdrawal shall be subject to and illegally acquired property, which the person was transferred during the RIP of the spouse of a person who is unmarried couples, partnerships, the ex-husband of relatives in a straight line without limit in degrees, the collateral relatives up to the fourth degree inclusive, and by marriage – up to the second degree inclusive.

Art. 66. (1) The withdrawal is subject to property inspected person has transferred or has lodged as in-kind or cash contribution to the capital of a legal entity, if the persons who manage or supervise the legal person or the circumstances they could presume that the property was illegally acquired.

(2) The withdrawal is subject to prosecution and property of the legal person, which is controlled by the inspected person or related persons individually or jointly.

(3) the property is taken away and under the right priemstvo of the entity.

Art. 67. The withdrawal shall be subject to and property that is acquired by a third party at the expense of the inspected person, to avoid its repossession or to mask its origin or actual rights over him.

Art. 68. Until proven otherwise, movable assets and cash of the inspected person are considered and those found in him, in his residence or in other private or hired by it premises, vehicles, crates or boxes.

Art. 69. (1) Unlawfully acquired property is valued at the actual value at the time of its acquisition or expropriation.

(2) if it is established that the price mentioned in the document of title is not actually the agreed price or in the document property for missing price, the property shall be assessed at the time of its acquisition or expropriation, as follows:

1. real estates and limited real rights on them – at market value, 2. foreign currency and precious metals – in the central rate of the Bulgarian National Bank;

3. securities – at market value;

4. vehicles – at market value;

5. other chattels and rights – at market value;

6. enterprises or participations in companies or cooperatives – by market value, and when it cannot be determined – the accounting data.

Art. 70. in the case of illegal acquired assets was partly or wholly transformed into other property subject to forfeiture of the transformed property.

Art. 71. Illegally acquired property shall be withdrawn and the heirs or zavetnici to the size of the resulting from them.

Art. 72. in the event that property is missing or is alienated, takes cash equivalent.

Art. 73. (1) the rights under this law shall expire with the expiration of the 15-year statute of limitations.

(2) the limitation period begins to run from the date of acquisition of the property.

Section Iv

Proceedings before the Court for forfeiture of the illegally acquired property


Art. 74. (1) the Commission claim for forfeiture to the State of illegally acquired property in front of the District Court in the area of the permanent address of the inspected person, within three months of the imposition of preventive measures.

(2) when the property is real property, the action shall be brought in the District Court at the location of the property, where the property includes more than one property – the location of the property with the highest tax assessment.

(3) the document instituting the proceedings and the final judgment is subject to registration in the land register of the registry Agency.

(4) the Court shall cancel ex officio or at the request of the interested parties on wealth imposed precautionary measures, if the Commission does not provide evidence that is taken in the legal time limit.

Art. 75. (1) against the inspected person and the persons under art. 64, 65, 66, 67 and 71 are despicable action for forfeiture to the State of illegally acquired property.

(2) the Commission brought claims against third parties to establish the fact that the property was illegally acquired and declaring the nullity of legal transactions.

(3) upon the filing of the application, the Commission does not submit a State tax.

Art. 76. (1) the District Court forms, and published in the State Gazette a notice containing: the number of the case; data to be taken; inventory of property, guidelines for the period in which interested individuals can pursue their claims on the property, and the date for which the schedule the first meeting, which may not be earlier than three months from the publication of the notice.

(2) As defendants in the proceedings constitute inspected person and persons referred to in art. 64, 65, 66, 67 and 71.

Art. 77. (1) the Court shall meet in the case in open court.

(2) the Commission shall be represented by the President or by his authorised officer with legal capacity.

(3) in the production are presented all the evidence admissible in the civil procedure code.

(4) in proceedings before the Court the Commission presents evidence of:

1. the type and value of the property acquired during the period under examination;

2. the circumstances under art. 22, 23 and 24;

3. the presence of a significant discrepancy in the property of the inspected person;

4. the circumstances that the third party knew or could suggest that the property was acquired illegally;

5. other circumstances that matter to clarify the origin of the assets and the manner of its acquisition;

6. the presence of weights and collateral on the property, in addition to the penalties imposed under this Act.

(5) where proof is required to undertake in writing not to draw conclusions, to the detriment of the defendant if it is proven that the document was lost or destroyed through no fault of the country.

Art. 78. (1) after examination of the case the Court shall take a decision subject to appeal under ordinary law.

(2) the Court's decision to award the State fee and expenses depending on the outcome of the case.

Art. 79. (1) in proceedings under this Act, the parties may enter into an agreement with which to take not less than 75 per cent of the assets or cash equivalent.

(2) the agreement is approved by the Court, if not contrary to the law and good manners.

(3) the agreement has entered into force the effects of the decision on the date of its approval and shall not be subject to cancellation.

(4) the State fee for the manufacture shall be determined on the amount for which the agreement has been reached and should be borne by the parties equally.

(5) the costs of production remain a burden on the parties as they are made.

Art. 80. For the outstanding questions in this section shall be subject to the provisions of the code of civil procedure.

Chapter seven

MANAGEMENT OF THE PROPERTY OVER WHICH THE SECURITY MEASURES HAVE BEEN IMPOSED. MANAGEMENT OF SEIZED PROPERTY

Section I

Management of the collateral property

Art. 81. (1) the property over which the security is imposed, can be left for safekeeping of the inspected person or of the person who holds the property at the time of the imposition of preventive measures.

(2) at the request of the Commission, the Court shall appoint a guardian of property for another person, setting his remuneration.

(3) the remuneration shall be paid by the Commission.

(4) the keeper shall be chosen with a view to his personality, as well as the nature of the property and the place where it is located or stored.

(5) Property is transferred to guard against a signature.

Art. 82. (1) in addition to the obligations under art. 469-471 of the civil procedure code the person under art. There are 81 and the obligation to inform the Commission:

1. for all damage on the property;

2. for all proceedings concerning property;

3. for all activities related to the transfer of rights of third persons on the property by presenting copies of the documents establishing the transfer or the establishment of rights;

4. for all actions related to a change in the identity of the property;

5. at risk of destruction or more reždane of property.

(2) the person referred to in art. 81 is required to provide access to the authorities under art. 13, para. 1 to check the condition of the property.

(3) the Commission may ask the bailiff to forward another person of the collateral property, if the inspected person or the person holding the property at the time of the imposition of the security does not fulfil his obligations.

(4) the costs associated with the storage and maintenance of the collateral property, shall be paid by the Commission.


Art. 83. (1) the personal property of istoričes Ka value is provided for storage at the National Museum of history or another Museum.

(2) the personal property of scientific value shall be provided for storage in the national library in the Institute of the Bulgarian Academy of Sciences or the University.

(3) the personal property of precious metals, precious stones and articles thereof shall be provided for storage in the Bulgarian National Bank.

(4) movable property with art, antique or Numismatic value is provided for storage of the Ministry of culture.

(5) the exotic animals and plants provide the zoos and other institutions.

(6) in the cases referred to in para. 1-5 the cost of storage and maintenance of collateral property is paid by Commission.

Art. 84. (1) in exceptional cases, the Commission may ask the Court for permission for the sale of movables, which:

1. may be impaired significantly during the period of keeping and preserving them is associated with higher costs;

2. are subject to rapid deterioration.

(2) the personal property under para. 1 sold by the bailiff of patent auction, which takes place within 7 days of receipt of the request, or are left for sale from a dealer of stock market or stock exchange, referred to by the Commission. The owner may participate in the auction on a general basis.

(3) the transfer of the property shall be certified by a protocol signed by the bailiff or by a dealer. For the dealer receives a Commission sale.

(4) in the absence of documents for health control, and in the absence of data about the origin, composition and shelf life the sale is carried out after authorization by the Bulgarian Agency for food safety and the authorities of the regional health inspection to the Ministry of health.

(5) animals of the national gene pool, seed varieties and seedlings with guaranteed origin are sold by the bailiff with the permission of the Minister of agriculture and food or an official authorised by him only to other farmers.

(6) the bodies referred to in para. 4 and 5 shall rule on the request within three days of its receipt.

Art. 85. The amounts recovered from the property sold by the order of art. 84, be translated by the bailiff to the special bank account of the Commission.

Art. 86. (1) the Commission shall maintain a register in which shall be entered:

1. the person against whom proceedings have been opened;

2. the property over which the security was imposed;

3. data concerning the owner and the person who holds the property at the time of the imposition of the security, as well as for the relevant property;

4. other data that are necessary for the individualization of the property over which the security was imposed.

(2) the model of the register shall be approved by an order of the President of the Commission.

(3) disposal of property or burdening them with weights, or assuming any obligations on the part of the inspected person, which would lead to difficulties for the fulfilment of the rights referred to in the judgment of forfeiture to the State of illegally acquired property, there is no action in respect of the State.

(4) the Commission shall issue certificates for the presence of security measures imposed under this law, within 7 days from receipt of the request from the Court, bailiffs, the bodies of the National Revenue Agency and other government bodies.

Section Ii

Management of seized property

Art. 87. (1) the Inter-agency Council shall be established for the management of seized property, hereinafter referred to as "the Council".

(2) the Council is a collective body, which is composed of Deputy Ministers appointed by the Minister of Justice, Minister of finance, Minister of economy, energy and tourism, the Minister of labour and Social Affairs and the Minister of regional development and public works.

(3) the Chairman of the Council's Deputy Finance Minister.

(4) the activities of the Council is provided by the technical administration of the Ministry of finance.

Art. 88. (1) the Commission shall inform the Council on a monthly basis for effective judgments for forfeiture to the State of illegally acquired property.

(2) the Commission shall, without delay, provide effective legal solutions for registration in the corresponding services registry – real estate and motor vehicles – of the respective structural units of the Ministry of the Interior.

(3) effective judgements about withdrawing, issued on the basis thereof sheets and all other Executive documents, necessary for the implementation of the decision to withdraw shall be forwarded by the Commission to the Council within three days from the date of compiling the file.

(4) the meetings of the Council, the Commission shall draw up a separate report on a case-by-case basis.

Art. 89. (1) the Council of the Council of Ministers proposes to provide for the management of budgetary organizations and municipalities to carry out their functions seized under this Act or to award the sale.

(2) the Council shall meet at least once every two months and adopt decisions by a simple majority.

(3) The meetings of the Council may be invited representatives of the National Association of municipalities in Republic of Bulgaria, the non-profit organizations, industry and professional organizations.

(4) the Council shall establish the rules for the organisation of activities.

Art. 90. (1) the property, for which a decision has been taken for sale, for sale by the National Revenue Agency by the order of the tax-insurance procedure code.


(2) the Council shall transmit to the national revenue agency decision under para. 1 for the implementation, within 7 days of its adoption, along with the komplektuvanata file under art. 88, para. 3. (3) If after the manner of sale by the order of the tax-insurance procedure code the property is sold, the National Revenue Agency shall notify the Council in writing by returning the file for subsequent decision making for management and disposal of assets.

(4) in cases where the property was granted to management, the financial organization or municipality repaid to the National Revenue Agency expenditure related to the management, storage and organizing the sale of this property.

Chapter eight

RESPONSIBILITY

Art. 91. any aggrieved party from unlawful acts, actions or omissions of the authorities and the officials under this act carried out in or on the occasion of the performance of their powers, or the Office may bring an action for damages against the State under the conditions and pursuant to the law on the responsibility of the State and municipalities for damage.

Chapter nine

INTERNATIONAL COOPERATION

Art. 92. the Commission for the withdrawal of the illegally acquired property exchange information for the purposes of this law, the competent authorities of other countries and with international organizations on the basis of international instruments and international treaties in force for the Republic of Bulgaria.

Chapter ten

ADMINISTRATIVE PENAL PROVISIONS

Art. 93. (1) for violation of the obligation under art. 34 the guilty officials be imposed a fine of 1000 to 5000 EUR, if the breach does not constitute a crime.

(2) where the infringement of art. 34 is carried out by a commercial company, a bank or other credit institution having penalty payment in the amount of 2000 to 20 000.

Art. 94. (1) the acts establishing the infringements shall be drawn up by the designated by the President of the Commission officials and the penal provisions shall be issued by the President of the Commission.

(2) Compilation of acts, the issue, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.

ADDITIONAL PROVISION

§ 1. Within the meaning of this law:

1. "property" is money, assets of any kind – tangible or intangible, movable or immovable property or limited real rights.

2. "controlling entity" occurs when:

a) a natural person directly or indirectly owns more than 50 percent of the shares or capital of the legal person and directly or indirectly controls it;

(b)) a natural person is controlling within the meaning of § 1 of the additional provisions of the commercial law;

c) for the benefit of, a natural person shall administer or distribute 50 percent or more of the property of the non-profit legal entity;

d) in favor of a group of natural persons is established or operating non-profit entity.

3. "members of the family" means spouse, the person inspected person is unmarried couples, partnerships, and underage children.

4. "income" are: payment received by a person in employment and in service, income from services rendered with a personal work, income from the exercise of liberal professions, the pure income from entrepreneurial activity, interest, dividends and other income from movable and immovable property, income from agricultural activity and retail sales, other income from lottery and sports betting, interest, licensing and commissions , income from sale of property, from insurance, from lawsuits granted Bank loans and loans from individuals, as well as any other income, income and sources of funding.

5. "net income" means income, revenue or funding sources, reduced by the amount of the ordinary and extraordinary expenses of the inspected person and members of his family.

6. the "Common costs" are the costs of maintenance of the person and the members of his family, according to the data of the National Statistics Institute.

7. "major non-conformity" is the size of the discrepancy between assets and net income that exceeds 250 000. for the whole period under examination.

8. Conversion of property "occurs when property is acquired against another property – in whole or in part, without the relevant part is minor.

9. "related parties" means spouse or person with whom the inspected person is in a de facto cohabitation; ex-husband, with whom marriage is terminated within five years prior to the start of the examination to the Commission; relatives in a straight line without limit in degrees; collateral relatives up to the fourth degree inclusive, and by marriage – up to the second degree inclusive.

TRANSITIONAL AND FINAL PROVISIONS

§ 2. The law on forfeiture of the proceeds of crime (official SG. 19 of 2005; amend., SG. 86 and 105 by 2005 and 75 33/2006, no. 52, 59 and 109 of 2007 16/2008, no. 12, 32 and 42 by 2009, issue 18 and 97 from 2010. , PC. 33 and 60 of 2011.) is hereby repealed.

§ 3. (1) within two months of the entry into force of the law, the National Assembly chooses the President and the Prime Minister Naz načavat members of the Commission to withdraw the illegally acquired property.

(2) the term of Office of the incumbent upon the entry into force of the law, members of the Commission for the establishment of property acquired by criminal activity is terminated by selecting, respectively the appointment of members of the Commission to withdraw the illegally acquired property.


 (3) assets, liabilities, and other rights and obligations of the Commission for the establishment of property acquired by criminal activity, shall be borne by the Commission for the withdrawal of the illegally acquired property.

(4) within 1 month of the determination of the Commission constituted under para. 1 adopts regulations under art. 20.

(5) the employment of the staff of the Commission for the establishment of property acquired by criminal activity, are governed under the conditions and by the procedure of art. 123 of the labour code.

§ 4. Appointed until the entry into force of the law authorities under art. 13, para. 1 are required within one month of its entry into force, to take the necessary steps to eliminate the incompatibility under art. 8, al. 3, items 1, 3 and 5.

§ 5. Nepriklûčilite pending the entry into force of the law and procedures for inspections, withdrawal of property acquired by criminal activity, completed under the conditions and by the order of the revoked law for forfeiture of the proceeds of crime.

§ 6. The law also applies to property acquired illegally before its entry into force.

§ 7. Within 6 months from the entry into force of the law, the National Revenue Agency shall transmit to the Interagency Management Council withdrawn in favour of the State property files for neprodadenoto at the date of entry into force of the law, property which was withdrawn in favour of the State under the revoked law for forfeiture of the proceeds of crime for making a decision under this Act.

§ 8. Instruction in art. 30, para. 2 is taken within three months of the entry into force of the law.

§ 9. In the law on the responsibility of the State and municipalities for damage (official SG. 60 of 1988; amend., no. 59 of 1993 No. 12 of 1996 No. 67 of 1999 No. 92 of 2000 No. 105 by 2005, 30 and 33/06, 43/2008 and no. 17 of 2009) make the following amendments and additions :

1. In art. 2:

a) a new para. 2:

"(2) the State is responsible for injury caused to citizens by legal acts under the law of forfeiture to the State of illegally acquired property.";

(b)) the current al. 2 it al. 3.

2. an art. 2a:

"Responsibility for the activity of the Commission to withdraw the illegally acquired property

Art. 2. The State is responsible for damage caused to citizens and legal persons from unlawful acts, actions or omissions of the authorities and officials under the law on forfeiture of illegally acquired the property carried out in or on the occasion of the implementation of powers or their Office. "

§ 10. In the law on measures against financing of terrorism (official GAZETTE 16/2003; amend., no. 31 of 2003, no. 19 of 2005, 59/2006, no. 92 and 109 in 2007, 28 and 36 of 2008, 33 and 57 by 2011) in art. 3, al. 2, art. 4 and 12, the words "the Commission for the establishment of property acquired by criminal activity" shall be replaced by ' the Commission to withdraw the illegally acquired property ".

§ 11. In the law on markets in financial instruments (promulgated, SG. 52 of 2007; amend., SG. 109 (2007), no. 69 since 2008, issue 24, 93 and 95 of 2009, 43/2010, no. 77 of 2011, issue 21 of 2012) in art. 35, para. 6, paragraph 4, the words "the Commission for the establishment of property acquired by criminal activity" shall be replaced by ' the Commission to withdraw the illegally acquired property ".

§ 12. In the law on notaries public and notarial activity (official SG. 104 of 1996; amend., SG. 117, 118 and 123 of 1997 No. 24 of 1998, no. 69 (1999), no. 18 of 2003, no. 29 and 36 in 2004, no. 19 and 43 from 2005, issue 30, 39 and 41 of 2006, no. 59 and 64 since 2007. , PC. 50 and 69 by 2008, PCs. 42, 47 and 82 from 2009, PCs. 87 from 2010, PC. 32, 41 and 82 by 2011.) in art. 25, para. 2 the words "the law on the forfeiture of the proceeds of crime" shall be replaced by "the law of forfeiture to the State of illegally acquired property".

§ 13. In the law on credit institutions (official SG. 59 06; amend., 105/2006, no. 52, 59 and 109 from the 2007 No. 69 since 2008, no. 23, 24, 44, 93 and 95 of 2009, 94 and 101 of 2010 and 77/105 of 2011) in art. 62, para. 6, paragraph 4, the words "the Commission for the establishment of property acquired by criminal activity" shall be replaced by ' the Commission to withdraw the illegally acquired property ".

§ 14. In the tax-insurance procedure code (official SG. 105 by 2005; amend., SG. 30, 33, 34, 59, 63, 73, 80, 82, 86, 95 and 105 of 2006, issue 46, 52, 53, 57, 59, 108 and 109 in 2007, 36/69 and 98 in 2008, issue 12, 32, 41 and 93 from 2009, issue 15, 94, 98 , 100 and 101 of 2010, PC. 14, 31, 77 and 99 from 2011, and St. 26 from 2012) in art. 74, para. 1, paragraph 3, the words "the Commission for the establishment of property acquired by criminal activity" shall be replaced by ' the Commission to withdraw the illegally acquired property and the directors of the territorial directorates of her ".

§ 15. In the law on publicity of the imuŝest device to persons occupying senior government posts (official SG. 38 since 2000; amend., SG. 28 and 74 of 2002, no. 8 of 2003 No. 38 of 2004, 105/2005, no. 38 and 73 from 2006, 109/2007, no. 33, 69 and 94 since 2008. , PC. 93 2009 PCs. 18 and 62 by 2010.) in art. 2, al. 1 item is created: 26

"26. the President, the Vice-President and the members of the Commission to withdraw the illegally acquired property;".

§ 16. The law shall enter into force within 6 months of its promulgation in the State Gazette.

The law was adopted by 41-Otto National Assembly on 3 may 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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