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Law Amending And Supplementing The Law On State Property

Original Language Title: Закон за изменение и допълнение на Закона за държавната собственост

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Name of law Law amending and supplementing the law on State property Name on the Bill a bill amending and supplementing the law on State property acceptance date 21/10/2010 number/year Official Gazette Decree No 87/2010 301

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 law on State property, adopted by the National Assembly of the HLI 21 October 2010.

Issued in Sofia on November 2, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on State property (official SG. 44 of 1996; amend., SG. 104 of 1996, no. 55, 61 and 117 of 1997 No. 93 and 124 of 1998 No. 67 of 1999, no. 9, 12, 26 and 57 in 2000, issue 1 from 2001. Decision No 7 of the Constitutional Court from 2001-issue 38 of 2001; amend. , PC. 45. Since 2002, PCs. 63. Since 2003, PCs. 24 and 93 in 2004, PCs. 32. Since 2005, PCs. 17, 30, 36 and 64, 105, 2006, issue. 41, 59, 92 and 113 of 2007, PC. 52 and 54 since 2008, PCs. 10, 17, 19, 33 and 41 of 2009 and PCs. 18 of 2010.)

§ 1. Article 1 shall be amended as follows: "Article. 1. This law shall govern the acquisition, management and disposal of real estate and movable property-State property and aktuvaneto property-State property, unless a special law provides otherwise. "

§ 2. In art. 2, al. 2, item 1 "after the word" "is added objects and properties".

§ 3. In art. 6, al. 3, after the word "objects" added property "and" and the word "property" and the hyphen after it is deleted.

§ 4. In art. 7 create al. 5 and 6:

"(5) in the cases and under the conditions laid down by law, by decision of the Council of Ministers on property-public State property, you can set up limited real rights, where this is necessary for the building of a national entity or for lasting satisfaction of public needs.

(6) the restricted real rights in para. 5 may not be set up on the estate-public State property rights relating to the national security and defense of the country, as well as on objects or properties-exclusive State ownership. "

§ 5. In art. 8, al. 1, after the word "Acquisition" a comma and add "aktuvaneto".

§ 6. In art. 14 Al is created. 3:

"(3) the management on objects, properties and property-State property includes the right of the agencies and entities of the maintenance budget to speak, use and maintain, on behalf of the State, at its own expense and on its own responsibility."

§ 7. In art. 16 is made the following changes and additions:

1. In paragraph 8. 1 the words "para. 2 and 5 ' shall be replaced by "para. 2, 5 and 6 ".

2. Al are created. 6, 7 and 8:

"(6) Individual properties or parts of properties-public State property can be rented for a period of up to 10 years without a tender to international organisations, where this is necessary for the performance of obligations arising from an international treaty, by the Minister, the head of another Office or the District Governor, to whom the property is made available for management, by order, specified in the regulation for implementation of the law. The rental price shall be determined in accordance with the regulation for implementation of the law.

(7) a Dedicated rental property-State property may not be used outside of their intended purpose, to sublet and used jointly under contract with third parties.

(8) in case of violation of the prohibitions referred to in paragraph 1. 7 the lease shall be terminated. "

§ 8. Article 17 is amended as follows:

"Art. 17. (1) upon violation of the prohibitions referred to in art. 16, al. 1 and 7 or where the need for property-public State property, the right of control terminated shall be withdrawn by decision of the Council of Ministers on the proposal of the Minister of regional development and public works after the opinion of the Minister or the head of the Office, which manages the property.

(2) where the need for property-private State property, dropped or the property enjoys off-label use, the right to drive shall be withdrawn by order of the Governor after consultation by the Minister or by the head of the Office, which manages the property.

(3) in the cases under art. 15, para. 3 in case of violation of the prohibitions referred to in art. 16, al. 1 and 7 or where the need for property-State property, dropped or not be used for its intended purpose, the right to drive shall be withdrawn by order of the Minister or the head of the Office, provided to manage the property. A copy of the order is sent to the Governor. "

§ 9. In art. 19 is hereby amended as follows:

1. Paragraph 2 shall be replaced by the following: "(2) the properties submitted for management of State-owned enterprises under art. 62, para. 3 of the commercial code, be rented out from their heads after an auction in accordance with the regulation for implementation of the law, unless a special law provides otherwise. "

2. Paragraph 7 is hereby repealed.

§ 10. In art. 22 after the word "provided" there shall be added "management".

§ 11. Article 24 is amended as follows:

"Art. 24. (1) a Tenancy relationships shall be terminated under the conditions laid down in the Treaty and in accordance with the law on obligations and contracts.

(2) contracts for rental property-State property, with a political party shall be terminated except under the conditions and by the order of al. 1 and when the party ceases to satisfy the requirements for the granting of State property, as defined by a separate law.

(3) housing rental contracts-State property shall be terminated except under the conditions and by the order of al. 1 and on the following grounds:

1. due to the termination of the employment or service of the employee, the home accommodated vedomstveno;

2. where the tenant or a member of his family to acquire the same location apartment or Villa, suitable for permanent habitation;

3. when the tenant no longer fulfils the conditions for rental accommodation in home-State property, in accordance with the regulation for implementation of the law. "

§ 12. In art. 25, para. 1, after the word "provided" there shall be added "management".

§ 13. In chapter three before art. 32 name is created "section I General rules".

§ 14. In art. 32 make the following amendments and additions:

1. Paragraph 1 shall be amended as follows:

(1) Property and parts of property belonging to natural or legal persons may alienate forcibly to satisfy public needs that cannot be met otherwise, after preliminary and equivalent compensation. "

2. in the Al. 2, after the words "the entry into force of the detailed development plan" a comma and add "respectively prior to the approval of a detailed development plan, which provides for the construction of a national entity and for which there is a disposition which has entered into force for admission of prior performance.

3. a para. 4:

"(4) the judge of entries is required to issue the certificate and provide a copy of all recorded property transactions, which are located near the alienated one: purchase-sale, Exchange, establishment of real rights or the transfer of ownership against liability for the construction, mortgage, sale by tender from the Government and private bailiffs, State institutions and municipalities, as well as other v″zmezdni deals, in which at least one party is a merchant. The presence or absence of deals in the first sentence shall be issued within one month of the request. The issued certificate is not paid State tax. "

§ 15. In art. 33 following amendments and supplements shall be made: 1. Paragraph 2 shall be replaced by the following:

"(2) the existence of a State a need that cannot be satisfied by other means, shall be established by a detailed development plan, providing for the construction of facilities to meet public needs, or with an approved a detailed plan, which provides for the construction of a national entity for which there is a disposition which has entered into force for admission of prior completion or otherwise provided for in the law. "

2. a para. 4: (4) Otčuždenite to meet the needs of State properties become public State property. "

§ 16. In art. 34 and following amendments and supplements shall be made:

1. In paragraph 8. 1 the word "infrastructure" shall be deleted.

2. in the Al. 3, after the words "para. 1 "insert" or al. 2, "and after the word" works "shall be added" or the Governor.

3. Al are created. 4, 5 and 6: "(4) to a proposed expropriation under para. 1 shall apply:

1. a copy of the entered into force or approved a detailed plan, which provides for the construction of a national entity and for which there is a disposition which has entered into force for admission of provisional enforcement;

2. the characteristic, type, location, size of property, data owners and ownership papers;

3. assessment of the property made by the assessor of property taken not earlier than three months from the filing date of the application for expropriation;

4. the financial statement of the proposal for the expropriation.

(5) where, in the case of expropriation of property under para. 1 the municipal property, they are transferred free of charge in the State owned by the order of the law of municipal property.

 (6) the provision of art. 34, para. 3 shall also apply to the expropriation of real estate to build a national entity. "

§ 17. In art. 34 in the Al. 2 shall be amended as follows:

"(2) the order shall be published in the Official Gazette. The Governor shall forward a copy of the order and to all the municipalities, within the territory of which the properties or parts of properties-private property, the subject of compulsory purchase. The Mayor of the municipality is obliged to put the order in a conspicuous place in the building of the municipality. "

§ 18. Article 35 shall be replaced by the following:

"Art. 35. (1) the legal structures and other improvements made by the owner of the property after the entry into force of the detailed development plan under the conditions and by the procedure of art. 49 of the spatial planning Act, shall be paid on the lesser value between the value of the costs incurred and the increased value of the property.


(2) the legal structures and other improvements made by the owner after the promulgation of the decision under art. 34A, al. 1, when the grounds for involuntary expropriation is approved a detailed plan, which provides for the construction of a national entity and for which there is a disposition which has entered into force for admission of prior performance, are paid at the lower value between the value of the costs incurred and the increased value of the property. "

§ 19. In art. 38 following amendments and supplements shall be made:

1. In paragraph 8. 2 the words "service" are replaced by "its promulgation in the State Gazette.

2. a new paragraph. 3:

"(3) where the decision of the Council of Ministers under art. 34A, al. 1 or the order of the Governor under art. 34A, al. 2 have appealed only on the amount of monetary damages, the appeal does not suspend their execution. In this case do not allow suspension of the implementation of the Act of expropriation. "

3. the Previous para. 3, 4 and 5 shall become, respectively, al. 4, 5 and 6.

4. The current paragraph. 6 it al. 7 and in her words "para. 5 ' shall be replaced by "para. 6. "

5. The current paragraph. 7 it al. 8.6. Al is created. 9:

"(9) the Court shall appoint the experts valuers, which comply with the requirements of this law."

§ 20. In art. 39 make the following amendments and supplements: 1. Paragraph 1 shall be amended as follows:

(1) the property is deemed to be alienated from the date on which the monetary compensation, defined in the decision of the Council of Ministers under art. 34A, al. 1 or in the order of the Governor under art. 34A, al. 2, be translated on account of eligible. Where the decision of the Council of Ministers or the order of the Governor are appealed only in respect of the amount of the benefit or is allowed prior to their implementation, and it is not overturned by the Court, the property is deemed to be alienated from the date on which the investor guide on behalf of the Governor, the compensation set out in the decision of the Council of Ministers or in the order of the Governor. "

 2. in the Al. 5 creates the second sentence: "the property is considered to be alienated from the date on which the investor guide on behalf of the Governor the benefit specified in the decision under art. 34A, al. 1 or in the order of art. 34A, al. 2. "3. In the Al. 6, after the words "under art. 34A, al. 1 "a comma and add" in the order of art. 34 c, para. 1. "

4. a para. 7:

"(7) where a decision of the Council of Ministers or the order of the Governor have appealed in respect of the amount of compensation and the Court held a higher amount, the investor pays the difference to the entitled person with legitimate interest on it within one month of the entry into force of the judgment."

§ 21. In art. 39 and following modifications are made:

1. In paragraph 8. 1 the words "specified within the account in a commercial bank, to be submitted to compensation ' shall be replaced by" sought within three months of publication of the notice under art. 39, para. 6 allotted a benefit or is not delivered in the same period, documents proving the right of ownership ".

2. paragraph 2 is replaced by the following:

"(2) in the cases referred to in para. 1 former owner of the alienated property or his successors in title shall demonstrate its right to receive fixed compensation to the regional Governor, who ordered the Bank to pay the benefit due, together with the interest that bank service charges on the deposited amount for the period of the deposit. At a stated willingness on the part of the eligible amounts due for compensation up to $ 1000. and may be paid in cash. "

§ 22. In art. 40 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "If the 3-year period" a comma and add "and for the building of a national subject-in a 5-year period.

2. a new paragraph. 2:

"(2) If the approved detailed plan, which provides for the construction of a national entity, be repealed by the Court, which came into force the new detailed plan does not affect the already alienated estates, the former owner of the property may make a request to the District Governor for the annulment of the expropriation. The Governor sends the request to the Minister of regional development and public works, which serves the Council of Ministers to suspend in whole or in part the judgment under art. 34A, al. 1. The Council of Ministers shall adopt a decision under art. 34A, al. 1 after recovering the compensation received.

3. The current paragraph. 2 it al. 3 and in her words "in the case referred to in para. 1 "shall be replaced by" in the cases referred to in para. 1 and 2 ".

4. The current paragraph. 3 it al. 4.

§ 23. At chapter three after art. 41 are created, named "title II" and art. 41A to 41 d:

"Section Ii

Compensation for the use of privately owned property

Art. 41. (1) When the decision on expropriation has not entered into force, but the detailed development plan, which provides for the construction of a national entity has entered into force, has issued a building permit and was paid the specified in the Act of expropriation compensation, the investor of the object can take possession of the property or part of the property located outside the urbanized territory, with the exception of cases dispose of the property, which is the only place, and start building upon payment of monetary compensation, under the conditions and in accordance with this law.

(2) the investor of the site due compensation for the owners of properties under para. 1 from the date on which possession of the property until the entry into force of the decision on expropriation.

(3) When the property is agricultural land, the compensation referred to in paragraph 1. 2 includes income they would have received the property owner from realization of production, if the property is being processed, or arendnoto payment that is supposed to get for the rented land.

(4) where the property is land from forest or forest fund, the compensation referred to in paragraph 1. 2 includes income they would have received the owner of the property from the sale of the wood in the presence of a issued by the competent authorities under the law on forestry and logging license Izvoz and from the sale of the belongings of the side representing the business when there is issued a written license.

(5) When the property is commercial, industrial or agricultural establishment, compensation under para. 2 includes the profit that would have made the owner of the property, as determined on the basis of the profitability of the subject of the preceding year or of the previous quarter or month, if the object is new.

(6) where the buildings that are intended for other than that referred to in paragraph 1. 5, compensation includes the profit that would have made the owner of the property from the rental.

Art. 41B. (1) the investor V″vod″t possession of the property shall be carried out at the request of the District Governor or an official authorised by him.

(2) before the pollutant inputs shall be drawn up, which describes the actual condition of the property by a Committee that includes a representative of the District Governor and the investor, and in the case of agricultural land or land and forests by forestry and the Ministry of agriculture and food or its structures. In the composition of the Commission include the assessor, and entered in the register at the Chamber of independent evaluators, depending on the intended use of the property.

(3) the Governor issued an order, which determines the composition of the Commission and stating the type, location and number of the property, the property owner and the date and time of the completion of the inventory of the property.

(4) the order shall be served on the owner of the property under the administrative code no later than 7 days before the date on which the inventory is to be carried out.

(5) the minutes shall be signed by the members of the Commission and of the owner of the property. In case of refusal of the owner to sign the Protocol that fact shall be certified by the signatures of two witnesses, as in the Protocol fit their three names, address and personal identification number. In the cases referred to in the second sentence, the Protocol is deemed to be served on the date of its composition.

(6) when the owner of the property is duly informed for making the inventory and is not present, the actions carried out and the report shall be drawn up in his absence. A copy of the minutes shall be served on the owner pursuant to the administrative code.

(7) the factual findings, reflected in the Protocol are assumed to be true until proven otherwise.

Art. 41. (1) the owner of the property is required within 14 days of the service of the Protocol under art. 41 (b), para. 5 and 6 to present to the Governor all documentary evidence in his possession and that are relevant to the determination of the amount of the benefit due under art. 41 a, para. 2. (2) in the absence of the owner of the land or failing to find evidence concerning the circumstances relevant to the determination of the amount of the benefit due under art. 41 a, para. 2 shall be collected pursuant to the civil procedure code, chapter fourteen section VII "Collateral evidence."

(3) the benefit due shall be determined on the basis of the findings made in the Protocol, and other written evidence of appraiser, participated in the Commission, such as when an objective impossibility shall be replaced by the Governor with another appraiser, satisfying the conditions of art. 41 (b), para. 2. (4) in the cases under art. 41 a, para. 3 and 4, the amount of the benefit is determined for one year and is due annually until the entry into force of the decision on expropriation.

(5) in the cases under art. 41 a, para. 5 and 6, the amount of the benefit is determined for a month and be due on a monthly basis until the entry into force of the decision on expropriation.

(6) the amount of compensation under paragraph 1. (4) and (5) shall be established within one month of the expiry of the period referred to in paragraph 1. 1.

(7) Compensation under para. 4 shall be paid annually to the 10th of February, and under para. 5-monthly by the 10th.

Art. 41. (1) the Governor issued an order, which determines the amount of the benefit due, in accordance with art. 41 c, para. 3 and specify the type, the location and the owner of the property.

 (2) the order shall be served on the owner of the property and the developer of the object under the administrative code.


(3) as defined in the order compensation for the first year, respectively for the first month shall be paid by the investor on the site within 14 days of the service of the order.

(4) upon payment of a benefit under subsection. 3 the investor of the object is entered in the possession of the Governor on the location of the property. District Governor schedule a day and time for pollutant inputs and notify the owner and developer of the site. Protocol on pollutant inputs shall be made on the spot by the Governor. If the owner does not leave voluntarily the property, it is removed.

(5) the investor is introduced and possession of the property when the property is in the possession of a third party.

(6) the owner of the property may challenge the amount of the benefit to the relevant administrative court within 14 days from the service of the order. Contestation does not stop the execution of the order.

(7) within 7 days of receipt of the appeal the Governor shall forward the complaint to the Court, together with an opinion on her and all the necessary evidence.

(8) the Court calls required the developer of the object.

(9) within 5 days of receipt of the complaint the Court shall decide in closed session on the admission of the said and evidence submitted by the parties and schedule the hearing after 15 days. In attendance shall not apply the rule of art. 56, para. 3 and the time limit under art. 199 of the code of civil procedure.

(10) the time limits referred to in para. 9 apply for postponement of the trial.

(11) the Court declares the decision within 7 days after the session in which the hearing is over. The Court's decision is final.

(12) the court appoints for experts evaluators that meet the requirements of this Act.

(13) where a court has held a higher amount of compensation, the investor pays the owner the difference along with legitimate interest on it within one month.

Art. 41 (e). The cost of the inventory of the property and the preparation of the evaluation shall be borne by the developer of the object. "

§ 24. At chapter three after art. 42 section III is created with art. 42 a-42 and:

"Section Iii

Compensation for expropriation of farmlands and forests and lands of the forest fund

Art. 42. (1) where to meet state needs that cannot be met in any other way to build a national entity should be forcibly expropriated privately owned properties, representing the agricultural land or forests and lands of the forest fund, as equivalent compensation can be granted property-private State property, the State Land Fund and from the State forest fund.

(2) there shall be no compensation when property otčuždavaniât property with dimensions smaller than 3 acres of fields, 2 acres of meadow, 1 ha for perennial crops and 1 ha of forest.

Art. 42 (b) (1) after the preparation of the draft of a detailed development plan to build a national entity the investor the object grants the Minister of agriculture and food information for the area and the characteristics of the property affected by the plan and evidence that the Minister of regional development and public works has awarded or sanctioned by the procedure of art. 124, para. 4 of the law on spatial planning the preparation of a detailed plan for building a national entity.

(2) within one month of receiving the information referred to in para. 1 the Minister of agriculture and Forests shall notify the investor of the object for the area and the characteristics of agricultural land by the State Land Fund and forests and lands from the State forest fund, which may be granted as compensation.

(3) After receiving the information referred to in para. 1 can not carry out disposal transactions and to conclude contracts for the lease or rental period longer than one year for the property, which may be granted as compensation.

Art. 42. (1) subject to the availability of vacant agricultural land and forests and lands of the forest fund under art. 42 b, para. 2 and after the approval of the detailed development plan, the investor of the site makes a request to the Minister of agriculture and food for the provision of agricultural lands as compensation from the State Land Fund and forests or land from the State forest fund.

(2) the request shall apply: 1. the approved detailed plan;

2. assessment of the value of the properties affected by the plan, as determined by the order of the Ordinance under art. 36, para. 2 of the law on ownership and use of agricultural land for agricultural land, and the Ordinance under art. 19, para. 1 of the law on forests-forests and lands of the forest fund;

3. details of the method of permanent use, the category and the area of the property, the subject of compulsory purchase, origin and functions of forests.

(3) within one month of receipt of the request under paragraph 1. 1 the Minister of agriculture and food provides the investor sketches or design sketch of the property, which may be granted compensation data for permanent use, the category and the area of the property.

(4) After receiving the information referred to in para. 3 investor compensation plan with specific properties that are provided on individual owners, and evaluation of the properties that are provided as compensation, prepared in accordance with the Ordinance under art. 36, para. 2 of the law on ownership and use of agricultural land for agricultural lands, or the Ordinance under art. 19, para. 1 of the law on forests-forests and lands of the forest fund.

Art. 42. (1) the Minister of regional development and public works, Minister of finance and the Minister of agriculture and food, make a proposal to the Council of Ministers for the expropriation of privately owned properties, representing the agricultural land or forests and lands of the forest fund.

(2) To the proposed expropriation under para. 1 shall apply:

1. a copy of the entered into force a detailed plan, providing for the construction of an object of national importance;

2. the characteristic, type, location, size of property, data owners and ownership papers of otčuždavanite estate;

3. the characteristic, type, location and size of each of the properties that are provided by way of compensation, and the owners of which are provided;

4. evaluation of otčuždavanite and offered to compensate property set by the order of the Ordinance under art. 36, para. 2 of the law on ownership and use of agricultural land, respectively, by the order of the Ordinance under art. 19, para. 1 of the law on forests;

5. the financial statement of the proposal for the expropriation.

Art. 42 (e). In the decision of the Council of Ministers for expropriation shall specify the national entity for the construction of which alienate the properties, the type, the location, the size and characteristics of the otčuždavanite property, the owners of each of the properties, the type, the location, the size and characteristics of the properties that are provided by way of compensation, the value of the alienated one and provided as compensation property defined by the order of the Ordinance under art. 36, para. 2 of the law on ownership and use of agricultural land for agricultural land, and the Ordinance under art. 19, para. 1 of the law on forest land and forest-covered in forests.

Art. 42. On appeal the decision on expropriation of the Council of Ministers on the equivalence of the compensation, the Court awarded the difference in money when the value of the property as compensation is less than the value of the alienated property, defined in accordance with the Ordinances under art. 42, para. 2, item 4.

Art. 42. (1) the property is deemed to be alienated after the entry into force of the Act of expropriation.

(2) where the Act of expropriation is contested only in part for the equivalent of the indemnity, the property is deemed to be alienated from the date of enactment of the Act of expropriation. If the court orders a higher amount of compensation paid to an investor of the party so entitled the difference along with legitimate interest on it within one month from the entry into force of the judgment.

 Art. 42. When as compensation shall be granted an equivalent property, the decision of the Council of Ministers is subject to registration in the land registry following its entry into force. The decision accompanied by sketch, certifying the right of ownership and has the power to control a deed for the property on the property.

Art. 42. The costs of the preparation of the estimates under this section shall be borne by the developer of the object. "

§ 25. In art. 43, para. 4, after the words "disposing of" insert "and" and the second sentence: "When the tax assessment of the property or the right of construction is over 500 000 BGN, the order shall be made by the Minister, who shall exercise the rights in the enterprise, following the decision of the Council of Ministers."

§ 26. In art. 43 (a), after the words "buying property" there shall be added "or part of the property for the termination of the joint ownership between the State and the natural and/or legal persons".

§ 27. In art. 43 the following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) when the subject of wills or Covenant under para. 1 are the property and/or chattels that are located outside of the country, the adoption of a last will and Testament or Covenant is carried out by decision of the Council of Ministers. "

§ 28. In art. the following 44 amendments:

1. Paragraph 1 shall be amended as follows:

"(1) the sale of the property-private State property tax assessment with over 10, 000. is carried out by the Agency for privatisation and post-privatisation control in accordance with the law on privatization and post-privatization control. "

2. in the Al. 2, after the word "property" is added "with a tax assessment up to 10 000 BGN.

3. Paragraph 3 is replaced by the following:

(3) except in the cases referred to in paragraph 1. 1 and 2 and in art. 43, para. 2 and 4 the sale of land or relevant ideal parts from land-private State property of persons possessing the legal ownership of the building built on it, is done by the Governor on the location of the property without tender by order, determined by the regulation for implementation of the law. The selling price shall be fixed in accordance with the regulation for implementation of the law. "

§ 29. Article 44a shall be repealed.

§ 30. In art. 45 following amendments and supplements shall be made:

1. In paragraph 8. 2, item 2, the word "only" is deleted.


2. in the Al. 3, after the word "property" is replaced by a comma and the words "point with the consent of the Minister of regional development and public works" shall be deleted.

3. in the Al. 4, the words "1 million" shall be replaced by "500 thousand.

4. a para. 5:

"(5) Replacement property-private State property, provided for the management of the Ministry of defence, the tax value exceeds 500 000 BGN, is carried out by decision of the Council of Ministers, on a proposal from the Minister of Defense. On the basis of the decision of the Council of Ministers the Minister of Defence issued an order and shall conclude a contract for the return. "

§ 31. Article 45A is amended as follows:

"Art. 45. (1) the termination of the joint ownership between the State and the natural or legal persons on the property by selling part of the State is carried out by the Governor on the location of the property. If the part of the State is provided for the management of the Office, and the opinion of the head of the establishment. Termination of joint ownership is carried out on the basis of the market valuation of the share, carried out by an independent assessor, at a price not lower than the tax assessment of the property.

(2) upon the termination of the joint ownership between the State and the municipalities through the sale of part of the evaluation shall be awarded only by the District Governor.

(3) where the State is the owner of the building, built on a foreign land, the owner of the land is available to purchase at market price determined by an independent assessor, which may not be less than the tax assessment of the property. "

§ 32. In art. 46 following amendments and supplements shall be made:

1. In paragraph 8. 1, item 11 "after the word" Central "is added and the territorial".

2. paragraph 2 is replaced by the following:

(2) public servants and employees in an employment relationship in the Administration, as well as servicemen can acquire without auction real estate-homes, workshops and garages-private State property submitted for management of the relevant departments, if they have at least three years of service in the Administration, according to the Department of Defense, in the structures of the direct subordination of the Secretary of Defense or in the Bulgarian army and qualify provided for in the regulation for implementation of the law. "

§ 33. Article 46A shall be repealed.

§ 34. Article 46 (b) is repealed.

§ 35. In art. 47 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "sale and establishment ' shall be replaced by" the establishment ".

2. in the Al. 2 the words "the conditions and by the procedure of art. 44, para. 1 "shall be replaced by" conditions and in accordance with procedures laid down by the regulation for implementation of the law ", and the words" for sale "shall be deleted.

3. a para. 3: "(3) the sale of the property-private State property, provided for the management of the Ministry of defence, the tax value exceeds 500 000 BGN, is carried out by decision of the Council of Ministers, on a proposal from the Minister of Defense. On the basis of the decision of the Council of Ministers Secretary of Defense auction held under conditions and by an order determined by the regulation for implementation of the law, and then issue the command and shall conclude a contract for sale. "

§ 36. In art. Al 48. 1 shall be amended as follows:

"(1) disposal of property-private State property, with the exception of the sale by the order of art. 44, para. 1 shall be made by order of the Governor, in the cases under art. 45, para. 4 and art. 47, para. 2-Minister of regional development and public works, and in the cases under art. 45, para. 5 and art. 47, para. 3-the Minister of Defense. On the basis of the contract shall be concluded. "

§ 37. In art. 49 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

"(1) the sale of public housing, workshops and garages except in the cases under art. 46, para. 2 shall be made by the Governor in the location of the property after the auction by the procedure of art. 44, para. 2. "

2. in the Al. 4, the words "in consultation with the Minister of regional development and public works" shall be deleted.

§ 38. Article 53 shall be amended as follows:

"Art. 53. The disposal under the conditions of art. 46, para. 2 with housing, workshops and garages, provided for the management of the Ministry of Defense and the Ministry of the Interior, shall be made by the head of Office concerned in the order specified by the Council of Ministers. "

§ 39. In art. 55 the following modifications are made:

1. Paragraph 2 shall be replaced by the following:

(2) Voluntary Division under para. 1 shall be made by the Governor with the prior written consent of the head of the Office at which the property is made available for management. "

2. in the Al. 4, the words "the Al. 2 do not give "shall be replaced by the words" authority under para. 2 does not give ".

§ 40. In art. 56 the following modifications are made:

1. In paragraph 8. 1, the words "right of use" shall be replaced by ' a consideration the right to use ".

2. paragraph 2 is replaced by the following:

"(2) the royalty-free right to use the property-private State property may be established for a period not exceeding 10 years by order of the Governor in favour of municipalities for the performance of their functions or for the permanent satisfaction of public needs of local importance, as well as for the benefit of others, following a decision of the Council of Ministers on the proposal of the Minister of regional development and public works. Users may not use the property for the carrying out of the business. "

3. in the Al. the words "under para. 1 "shall be replaced by" the Governor. "

§ 41. In art. 58 para. 4 shall be amended as follows:

"(4) on the basis of a decision of the Council of Ministers the Governor establishes a royalty-free right of construction for the benefit of municipalities for the performance of their functions or for the permanent satisfaction of public needs of local importance, as well as for the benefit of other persons in the cases provided for by law, for the lasting satisfaction of public needs. The persons in favor of whom is established free of charge right of construction, may not use the site to carry out commercial activity. "

§ 42. In art. 59 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "real property," shall be replaced by "an existing building, built" and after the words "art. 58 "comma and added al. 2 and 3 ".

2. paragraph 2 is repealed.

§ 43. In art. 66 the word "total" is replaced by "methodological" and the words "and control" shall be deleted.

§ 44. In art. 69 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the word "objects" are added "and properties".

2. Paragraph 3 shall be amended as follows:

"(3) the first copy is stored in the link" State property "and the second one is sent to the Governor on the location of the property. A transcript of the Act shall be sent to the Agency of Geodesy, cartography and cadastre.

§ 45. In art. 70, para. 1 third sentence shall be replaced by the following: "the two copies shall be submitted to the registry office within 14 days of approval, as the first instance after the entry is stored in the link" State property. "

§ 46. Article 71 shall be amended as follows:

"Art. 71. (1) upon the entry into force of the cadastral map for property-State property, draw up new regulations on State property, indicating the number and date of prior acts drawn up on State property and data under art. 60, paragraphs 1-7 of the law on cadastre and land registry.

(2) where, on the entry into force of the detailed development plans for areas in which there is no enforced cadastral map, as well as in the amendment to the detailed plans, cadastral map (cadastral plan), in the plans for land division in the forestry plans and other plans related to the restoration of the right of ownership, forming new land estates, for each real estate property novoobrazuvan is drawn up a new Act on State property , indicating the number and date of prior accomplishment of the Act. For the newly formed property falling within the territories with an approved cadastral map, apply the procedure under para. 1.

(3) the number and date of the acts referred to in paragraph novos″stavenite. 1 and 2 and shall be recorded in the prior acts and drawn up in the relevant registers.

(4) the acts referred to in paragraph Novos″stavenite. 1 and 2 shall be entered in the land registry Department.

(5) a copy of the Act under para. 4 shall be sent to the Agency of Geodesy, cartography and cadastre.

(6) in the cases referred to in para. 1 and 2 agencies do not pay a fee for the issuance of the sketches and the provision of references for the property-State property, the Agency of Geodesy, cartography and cadastre.

§ 47. In art. 72 following amendments and supplements shall be made: 1. The first subparagraph of paragraph 1 shall be repealed.

2. paragraph 2 is replaced by the following:

"(2) in establishing a clear factual error in the Act Government Property Act shall be drawn up for the amendment of the Act. The Act for the amendment of the Act on State property shall be recorded in the registry office. "

3. a para. 3:

"(3) the number and date of the Act for the amendment of the Act on State property are indicated in the Act, which was repaired, and in the relevant registers."

§ 48. In art. 73, the words "real estate" is replaced by "property" and the word "immovable" shall be deleted.

§ 49. In art. 74 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "acts of State property" there shall be added "and the acts of amendment".

2. in the Al. 2 the word "real" is deleted.

§ 50. Art is created. 74:

"Art. 74. For entry in the registry of deeds for State property and acts for amendment of the acts of Government property shall not be charged a fee. "

§ 51. In art. 75 the first sentence shall be replaced by the following: "in ministries, government departments and regional administrations that make up acts for the State property, create a master register and auxiliary records in a form approved by the Minister of regional development and public works."

§ 52. In art. 80 a, para. 1 the words "Government property" shall be replaced by ' Property-State property ".

§ 53. In art. 81 words "State properties" are replaced with "property-State property".

§ 54. Article 82 shall be replaced by the following:


"Art. 82. (1) the regional governors are required to annually submit by 31 March at the Ministry of regional development and public works transcripts of all the novos″staveni acts of State property and acts for amendment of the acts for the State property, as well as information on the management and disposal of the property-State property on the territory of the region for the previous year.

(2) the Ministers or heads of other departments, well-established acts under art. 70, para. 2, shall by 31 March each year to present the Ministry of regional development and public works novos″staveni all acts of State property and acts for amendment of the regulations for State-owned property-State property submitted for management, for the previous year. "

§ 55. In Chapter five to create art. 82 and 82 (b):

"Art. 82. (1) for the issue of the presence or absence of an act of State property for the presence or absence of claims for repossession and the certificate that the property is unregistered from Miss nude books property-State property, are to be paid fees in the amounts laid down in the tariff approved by the Council of Ministers.

(2) in the cases referred to in para. 1 agencies do not pay a fee.

Art. 82 (b). For the issue of a tax assessment for property-State property establishments do not pay a fee. "

§ 56. In art. 83 the words "Government property" shall be replaced by ' property-State property ", and the words" 100 to 500 LEVs. "shall be replaced by" 1000 to 5000 LEVs. ".

§ 57. In art. 84, after the words "para. 1 "insert" and 7 ".

§ 58. In art. 85 words "Government property" shall be replaced by ' property-State property ", and the words" 500 to 1500 EUR "are replaced by" 5000 to 10 000 LEVs. ".

§ 59. In art. 87 is hereby amended as follows:

1. Paragraph 1 shall be amended as follows:

"(1) the offences under art. 83, 84 and 85 are established by an act of authorised by the regional Governor official. "

2. paragraph 2 is repealed.

§ 60. In the additional provisions the following amendments and additions:

1. paragraph 1 is replaced by the following:

„§ 1. „ National object "is an object defined as such by law, as well as infrastructure projects: construction and reconstruction of transport-communication networks and facilities-routes of the national road network, railway lines and railway infrastructure, ports, airports and facilities; other networks and facilities of technical infrastructure-water supply, sanitation, purification of drinking and waste water, waste treatment, electricity, district heating, gasification and electronic communications networks established as national entities with the decision of the Council of Ministers. "

2. In paragraph 1 (a):

and so is created):

' 1a. "Equivalent property compensation is that compensation, in which the owner of property alienated one is provided in private State property estate property, representing the agricultural land from State Land Fund or forest and land from the State forest fund, equal origin and functions with the alienated one, in the same or adjacent land whose value is determined by the order of the Ordinance under art. 36, para. 2 of the law on ownership and use of agricultural land, respectively, by the order of the Ordinance under art. 19, para. 1 of the law on forests, is equal to or exceeds by up to 20 percent the value of property alienated one. ';

(b) in item 2), after the words "average prices from the" insert "all" and the second sentence: "If, within 12 months before the date of the award of the assessment in the registry office in the place in which the property is listed more than 20 transactions in determining the market price taking into account the last entered 20 transactions.";

in item is created):

"2A. the market price for the property, subject to expropriation, which is included in the scope of urban territory in accordance with the operational plan, but e was non-regulated real, before the entry into force, respectively, before the approval of a detailed development plan, which provides for the construction of a national entity is defined as provided for construction and property without complying with the established lasting way of actual use of the property.";

d) in item 3 (b) shall be replaced by the following: "(b)) depending on the intended use of the property has the capacity of an independent assessor within the meaning of the law of independent assessors to carry out the evaluation;".

3. Paragraphs 2A and 2B are hereby repealed.

§ 61. In § 60 of the transitional and concluding provisions of the law amending and supplementing the law on State property (official SG. 32 2005; amend., SG. 17, 2006) the words "art. 70, para. 3 "shall be replaced by" art. 70, para. 2 and 3 ".

Transitional and final provisions

§ 62. Owners of properties that have alienated before the entry into force of this law, by decision of the Council of Ministers for the construction of national infrastructure, may request the annulment of the expropriation compensation received after the recovery, if a 5-year period of expropriation of property in the event the detailed development plan has not begun, as the proceedings are suspended until the end of the period.

§ 63. Within 6 months from the entry into force of this Act initiated proceedings before the Minister of regional development and public works of art. 45, 45 and 55 completed in the previous row.

§ 64. The equivalent cash benefit by started at the date of entry into force of this law the proceedings in expropriation of privately owned property shall be determined by the previous line.

§ 65. (1) the persons inhabiting the Government departmental housing and studios, housed in order to 1 June 1996, who are seniors, spouses or survivors have suffered an accident at work leading to permanent disability, have the right to enjoy lifelong, if:

1. they, their family members and their relatives in the first degree you do not own a home or cottage, suitable for permanent habitation, and

2. are not passed on residential property or Villa fit for permanent habitation since 1 June 1996, and

3. do not own securities in companies, properties or parts of properties of economic purpose or other property for a total amount greater than the value of the dwelling, and

4. the total annual income for the past two years the tenant and members of his family shall not exceed 24 minimum wages for the country.

(2) within 6 months from the entry into force of this law the persons referred to in para. 1 should submit an application and a statement of the circumstances under para. 1 to the Governor on the location of the property-State property, or to the head of the Office, which manages the property.

(3) the rights and obligations of the persons referred to in para. 1 shall be determined by contract concluded with the Governor or with the head of the Office at which the property is made available for management under the conditions and in accordance with procedures laid down in the rules for implementation of the law.

(4) the Family within the meaning of this provision are the spouses and their minor children who are not married.

§ 66. Initiated proceedings for the sale of State departmental housing, workshops and garages of the persons accommodated in order to 1 June 1996, in which it has issued an order and payment of the price shall be completed within one year of the entry into force of this law. This provision shall not apply to the disposal of the dwellings, studios and garages by housing the Ministry of defence.

§ 67. Within 6 months from the entry into force of this law the Council of Ministers shall adopt amendments to the regulations for its implementation.

§ 68. In the law of municipal property (official SG. 44 of 1996; amend., SG. 104 of 1996 No. 55 of 1997 No. 22 and 93 of 1998, no. 23, 56, 64, 67, 69 and 96 of 1999, no. 26 of 2000 No. 34 of 2001 No. 120 of 2002, no. 101 in 2004. , PC. 29, 30 and 36, 2006, issue. 59, 63 and 92 of 2007, PC. 54, 70 and 100 from 2008 and St. 10, 17, 19 and 41 of 2009.) make the following changes and additions:

1. In art. 25 al. 3 shall be amended as follows:

"(3) the order under paragraph 1. 2 shall be promulgated in the State Gazette. A copy of the order shall be placed at the designated areas in the building of the municipality, the district or town hall or in the settlement, within the territory of which the property subject to expropriation, and published on the website of the municipality. "

 2. In art. 27, al. 1, first sentence, the words "service" are replaced by "its promulgation in the State Gazette.

3. In art. 34:

(a)) in the Al. 4 the second sentence shall be deleted;

(b)) is hereby set up al. 8:

"(8) on the date of the conclusion of contracts for the disposition under paragraph 1. 7 acts of municipal ownership shall be entered in the appropriate order in the registry office. "

4. In art. 58:

(a)) in the Al. 2, second sentence, after the word "Cadastre" comma and added "the Governor";

(b)) in the Al. 4, after the words "municipal property" "is added for property-State property passed into the property of the municipality under the law" and a comma;

in paragraph 5) shall be repealed.

5. Article 59 is amended as follows:

"Art. 59. (1) upon the entry into force of the cadastral map for the properties-municipal property, draw up new instruments of municipal property, indicating the number and date of prior acts drawn up for municipal property and the data under art. 61. (2) where, on the entry into force of the detailed development plans for areas in which there is no enforced cadastral map, as well as in the amendment to the detailed plans, cadastral map (cadastral plan), in the plans for land division in the forestry plans and other plans related to the restoration of the right of ownership, forming new land estates, for each real estate property novoobrazuvan is drawn up a new Act for municipal property , indicating the number and date of prior accomplishment of the Act. For the newly formed property falling within the territories with an approved cadastral map, apply the procedure under para. 1.


(3) the number and date of the acts referred to in paragraph novos″stavenite. 1 and 2 and shall be recorded in the prior acts and drawn up in the relevant registers.

(4) the acts referred to in paragraph Novos″stavenite. 1 and 2 shall be entered in the land registry Department.

(5) a copy of the Act under para. 4 shall be sent to the Agency of Geodesy, cartography and cadastre.

(6) in the cases referred to in para. 1 and 2 municipalities do not pay a fee for the issuance of the sketches and the provision of reference for the properties-municipal property, the Agency of Geodesy, cartography and cadastre.

6. In art. 60 create al. 3 and 4:

"(3) in the case of other changes in the data entered in the Act on municipal property, except in the cases referred to in paragraph 1. 1 and under art. 59, as well as in establishing a clear factual error, Act shall be drawn up for the amendment of the Act on municipal property. The Act for the amendment of the Act on municipal property shall be recorded in the registry office.

(4) the number and date of the acts for amendment of the acts of municipal property shall be recorded in the acts which it repaired, and in the relevant registers. "

7. an art. 60A:

"Art. 60. For the entry in the registry of deeds for the municipal property and acts for amendment of the acts of municipal property fee shall not be paid. "

§ 69. The roads Act (promulgated, SG. 26 of 2000; amend., 88/2000, 111/2001, and 47/118 of 2002, no. 9, 112 since 2003, issue 6 and 14 of 2004, no. 88 and 104 of 2005, no. 30, 36, 64, 102, 105 and 108 of 2006. , PC. 59 since 2007, PCs. 43 and 69 by 2008 and PC. 16, 32, 41, 42, 75, 82 and 93 from 2009.) in art. 3 Al is created. 7:

"(7) Motorways are national entities. They are specially built and marked lanes for traffic only on vehicles with high speeds and have the following characteristics:

1. have private lanes in each direction with a dividing strip between them, each canvas is with at least two lanes of traffic and with a special tape for secondary braking;

2. intersections with other roads, streets, railway and tram lines was only at different levels;

3. the confluence and casting of the movement is only in certain locations;

4. do not have direct connections to the neighboring adjacent territories. "

§ 70. In the law on railways (official SG. 97 2000; amend., 47/96 and 2002/70 and 115 of 2004 No. 77 and 88 of 2005, issue 36, 37, 62, 92 and 108 of 2006 and 22/35, 74 and 81 of 2009) make the following amendments and additions:

1. In art. 15, item 8 the words "art. 49 "are replaced by" article. 46 ".

2. In art. 29:

a) a new para. 1:

"(1) the railway highways are national entities. The railway highways are railway lines or parts of them that match the directions of European rail corridors defined by international treaties and agreements to which the Republic of Bulgaria is a party. ";

(b)) the current al. 1 it al. and 2 shall be replaced by the following:

"(2) the categorisation of other railway lines included in railway infrastructure, closure of individual lines or sections of lines shall be carried out under the conditions and in accordance with procedures laid down by the Council of Ministers.";

in the past) Al. 2 it al. 3;

d) past al. 3 it al. 4 in the text and before item 1 the words "para. 2 "are replaced by" para. 3. "

3. In art. 115 e, para. 5, t. 11 the words "para. 2 "are replaced by" para. 3. "

§ 71. In the law on the safe use of nuclear energy (promulgated, SG. 63 of 2002; amended, by 120/2002, no. 70 by 2004, issue 76, 88, and 105 by 2005, 30/06, 11/and 109 from the 2007 No. 36 and 67 from 2008 and 42/74 of 2009 and no. 80 of 2010) in art. 86, para. 1, point 8, the words "article. 49 "are replaced by" article. 46 ".

§ 72. In the transformation of the troops, the troops of the Ministry of transport and the troops of the Committee for postal and telecommunications administrations in State-owned enterprises (official SG. 57 of 2000; amend., no. 45 of 2002, no. 35 and 81 of 2009) in art. 16 item 9 the words "art. 49 "are replaced by" article. 46 ".

§ 73. In the spatial planning Act (official GAZETTE issue 1.2001; amend., SG. 41 and 111 since 2001, 43/2002, no. 20, 65 and 107 since 2003, no. 36 and 65 since 2004, no. 28, 76, 77, 88, 94, 95, 103 and 105 by 2005, issue 29, 30, 34, 37, 65, 76 , 79, 80, 82, 106 and 108, 2006, issue. 41, 53 and 61 of 2007, PC. 33, 43, 54, 69, 98 and 102 by 2008, PCs. 6, 17, 19, 80, 92 and 93 from 2009 and PCs. 15, 41, 50 and 54 of 2010) make the following changes and additions:

1. In art. 122, para. 4 the second sentence is deleted.

2. In art. 127:

(a)) in the Al. 6 the third sentence shall be deleted;

(b)) in the Al. 10 the second sentence is deleted.

3. Article 130 shall be replaced by the following:

"Art. 130. (1) the decision of the City Council to approve a detailed plan shall be notified by publication in the Official Gazette.

(2) the order approving the detailed plan in the range up to a quarter shall be communicated to the parties concerned, under the conditions and pursuant to the administrative code, and in range over one quarter reported to interested parties through publication in the Official Gazette. "

4. In art. 132, para. 1, paragraph 3, the words "the competent court, whose decision is final" are replaced by "the Court".

5. In art. 134, para. 2 item 6 shall be amended as follows:

"6. the consent of all owners of properties under art. 131, para. 2, paragraph 1, as well as the holders of limited real rights on them; ".

6. In art. 144 creating al. 4: "(4) for the construction of a national entity or municipal entity of paramount importance not to submit a document for the property, and which entered into force a detailed plan and documents proving that is translated as defined in the Act of expropriation compensation."

7. In art. 149, para. 2, paragraph 1 establishes the second sentence: "are not interested persons the owners and holders of limited real rights in land, which has entered into force and issued a detailed plan Act of forced expropriation for the construction of a national entity or municipal entity of paramount importance."

8. In art. 150:

a) paragraph 5 shall be repealed;

(b)) in the Al. 7 the words "Paragraphs 4 and 5 shall not apply ' shall be replaced by ' Paragraph 4 does not apply," and after the words "objects under para. 6 "a comma and add" for the national entity and municipal facility of paramount importance ";

in Al are created.) 8 and 9:

(8) notification of instruments of approval of parts of complex projects for investment initiative and the construction permit shall be carried out simultaneously under the conditions and in accordance with the procedure laid down for the notification of documents for approval of detailed site development plans.

(9) may not compile or protocols to perform certifications under art. 157, para. 1 for the start of construction, resolved by complex investment project initiative, without being changed the designation of the territory or landed property, if such is necessary under any other law. "

 9. in art. 153, para. 2 the words "issue" and "issue" shall be replaced by the words "entry into force".

10. in Chapter 8, section III is creating art. 156:

"Art. 156. After the admission/award the elaboration of a detailed plan for building a national entity or municipal entity paramount all bodies and persons carrying out administrative services or consultation under this law in terms, with a second shorter than envisioned. "

11. in art. 161, para. 1 the word "special" is deleted.

12. in the name of the head at the words "judicial review" is replaced by "Challenging".

13. an art. 214 (a):

"Art. 214. (1) within 7 days of receipt of the appeal the administrative authority may review the issue and to withdraw the contested administrative act alone individual approving the detailed development plan or for the approval of a comprehensive project for investment initiative to repeal or amend it, or to issue the Act if it is refused issue, having informed the interested parties.

(2) the individual administrative acts under para. 1 shall be notified and shall be subject to appeal in accordance with the procedure laid down for the notification and appeal of the individual administrative act, that withdraws or cancels.

14. In art. 215:

 a) paragraph 4 is amended as follows:

"(4) the complaints and protests shall be submitted by the authority whose act is appealed or protested, within 14 days of notification, (a) where the Act is notified through publication in the Official Gazette-within 30 days of its publication. Complaints and protests against acts that approve a detailed plan or a building permit shall be issued for an object of national importance or of a municipal entity of paramount importance, shall be submitted by the authority that issued the act within 14 days of the promulgation of the Act in the Official Gazette;

(b)) are al. 5, 6 and 7:

"(5) the authority that issued the Act under art. 216, para. 1, has the right to appeal the order under art. 216, para. 5. in the proceedings before the Court are called upon the applicant, the authority which issued the Act under art. 216, para. 1, and the parties concerned.

(6) no appeal spatial schemas and general development plans, as well as their amendments.

(7) the decisions of the Court of first instance on appeals or protests against individual administrative acts under this Act are final with the exception of decisions on complaints or protests against individual administrative acts approving the detailed development plans, of complex projects for investment and initiative of the orders to remove illegal constructions from first to fifth category including. Decisions of the Court are final and complaints or protests against individual administrative acts for the approval of detailed site development plans or of complex projects for investment initiative for construction of objects of national importance and of municipal objects of the utmost importance. "

15. Article 218 shall be amended as follows:


"Art. 218. (1) if in accordance with art. 215 of individual administrative acts for the approval of detailed site development plans or of complex projects for investment initiative, whose notification was effected through publication in the Official Gazette, the persons concerned may constitute as defendants in the proceedings within one month from the date of publication in the Official Gazette of a notice of opposition.

(2) the Court shall publish in the Official Gazette of the opposition message acts al. 1, which contains:

1. designation and description of the contested individual administrative act;

2. information on the rights of the persons concerned to constitute as defendants within one month from the day of promulgation;

3. case number.

(3) when the Court considers the appeal to be inadmissible, the communication under paragraph 1. 2 not promulgated, and the proceeding shall be terminated in accordance with the procedure laid down for that row.

(4) the parties concerned shall constitute as defendants in the proceedings before the Court within the time limit referred to in paragraph 1. 1 through the submission of applications to the Court, which shall contain:

1. full name and address, telephone, fax, and email address, if available-for Bulgarian citizens;

2. full name and personal number for a foreigner and the address stated in the respective administration, telephone, fax and e-mail address, if any;

3. the merchant or company name of the legal person, and of the Bulgarian language, and the last seat referred to in the relevant register address and electronic address;

4. the number of the case;

5. the Act, which is being challenged, and the authority which issued it;

6. a statement that the person concerned wishes to be constituted in the proceedings as a respondent;

7. signature of applicant.

(5) an application under subsection. 4 apply written evidence attesting to the quality of the person of the applicant.

(6) with the application referred to in paragraph 1. 4 it is unacceptable to make requests for revocation of the individual administrative act, as well as to join the complaints in the legal withdrawal period.

(7) irregularities in applications submitted under paragraph 1. 4 removed by the order of art. 158 of the administrative code.

(8) the Court by order, respectively constituted refuses to set up, applicants under para. 4 as defendants in the proceedings.

(9) the refusal under para. 8 may be appealed against within 7 days of notification by a private complaint pursuant to chapter thirteen of the administrative code. The Court makes an order, which is final.

(10) the decision of the Court of Justice in proceedings instituted pursuant to para. 1, there is a force with respect to all interested parties. "

16. In paragraph 5 of the additional provisions: a) e.g. 62 after the word "such" insert "or" by law;

(b)) is created that 73:

"73." Municipal objects of primary importance "are: municipal roads, underground railways, tramways, roads from the primary street network, landfills or other waste treatment facilities, parks, a cemetery and other sites-public municipal property, defined in the program under art. 8, al. 9 of the law of municipal property for objects of the utmost importance. "

§ 74. In the law on Forests (official SG. 125 of 1997; amend., SG. 79 and 133 of 1998 No. 26 of 1999, no. 29 and 78 of 2000, no. 77, 79 and 99 of 2002 16/107 and 2003/72 and 105 by 2005, issue 29, 30, 34, 36, 80, 82 and 102 in 2006. , PC. 17, 24, 53 and 64 since 2007, PCs. 43, 54, a decision of the Constitutional Court No 4 of 2008-issue. 63; amend., SG. 69, 70 and 91 of 2008, PCs. 6, 12, 19, 32, 74, 80, 94 and 103 of 2009 and PCs. 73 by 2010.) make the following additions: 1. In art. 14 create al. 4 and 5:

"(4) forests and lands of the forest fund are considered excluded and changed purpose from the entry into force of the detailed plan, providing for the construction of a national entity or municipal entity of paramount importance, which are public State or municipal property.

(5) in the cases referred to in para. 4 the price of art. 19, para. 1 shall not be paid. "

2. In art. 14 (b), para. 1, after the words "art. 14, para. 1, item 1 and 2 "shall be inserted" and al. 4. "

§ 75. In the law for the protection of agricultural land (official SG. 35 of 1996; amend., SG. 14 and 26 of 2000, issue 28 of 2001, 112/2003, no. 18, 29 and 30, 2006, and 13/64 since 2007, 36 and 43 of 2008 and no. 10 and 103 of 2009) make the following additions :

1. In art. 24 Al are created. 5 and 6: "(5) agricultural lands are considered with changed purpose from the entry into force of the detailed plan, providing for the construction of a national entity or municipal entity of paramount importance, which are public State or municipal property.

(6) in the cases referred to in para. 5 the State fee under art. 30 shall not be paid. "

2. In art. 25, para. 1 creating the third sentence: "in the cases under art. 24, para. 5 decision on the change of status of the official ordering the relevant Commission and not subject to appeal. "

3. In art. 26, after the words "in accordance with art. 25, para. 2 "a comma and add" with the exception of art. 24, para. 5. "

§ 76. The provision of § 74 shall apply to proceedings for the purpose of changing off and forests and lands of the forest fund to build national sites and municipal objects of the utmost importance that have not been completed at the date of entry into force of this law.

§ 77. The provision of § 75 shall apply to proceedings for change of status of agricultural land for the construction of national and municipal objects objects of the utmost importance that have not been completed at the date of entry into force of this law.

The law was adopted by 41-Otto National Assembly on 21 October 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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