Law Information System CIELA

LAW FOR THE STATE PROPERTY

Prom. SG. 44/21 May 1996, amend. SG. 104/6 Dec 1996, amend. SG. 55/11 Jul 1997, suppl. SG. 61/31 Jul 1997, amend. SG. 117/10 Dec 1997, suppl. SG. 93/11 Aug 1998, amend. SG. 124/27 Oct 1998, amend. SG. 67/27 Jul 1999, amend. SG. 12/11 Feb 2000, amend. SG. 26/29 Mar 2000, amend. SG. 57/14 Jul 2000, amend. SG. 1/2 Jan 2001, amend. SG. 38/17 Apr 2001, amend. SG. 45/30 Apr 2002, amend. SG. 63/15 Jul 2003, amend. SG. 24/23 Mar 2004, suppl. SG. 93/19 Oct 2004, amend. SG. 32/12 Apr 2005, amend. SG. 17/24 Feb 2006, amend. SG. 30/11 Apr 2006, amend. SG. 36/2 May 2006, amend. SG. 64/8 Aug 2006, amend. SG. 105/22 Dec 2006

Chapter one.

GENERAL PROVISIONS

Art. 1. This law settles the acquisition, management, using and disposition of real estate and chattel - property of the state, unless a special law stipulates otherwise.

Art. 2. (1) The property of the state is public and private.

(2) (amend. SG 32/05; amend. - SG 36/06, in force from 01.07.2006) Public state property are:

1. the objects – under Art. 18, para 1 of the Constitution of the Republic of Bulgaria determined by a law as exclusive state property;

2. the objects and the properties determined by a law or act of the Council of Ministers as public state property;

3. the chattels, determined by a law or an act of the Council of Ministers a public state property;

4. the properties, conceded to the administrative bodies for fulfilment of their functions;

5. the properties of national importance, designated for satisfaction of public needs, through common use, determined by the Council of Ministers.

(3) (amend. SG 32/05) Private state property are all other properties and chattels - state property. The fruits and the receipts from the real estate and chattel, public state property, are private property of the state.

(4) (Amend., SG, No 124/1998, amend. - SG 17/06) State property in the context of this law shall not be considered the real estates and the chattel of the trade companies and the non-profit corporate bodies, even if the state has been sole owner of the property transferred to them.

Art. 3. State property are the real estate and chattel:

1. (amend. SG 32/05) acquired by force of international agreement or transaction;

2. (Amend., SG, No 124/1998) to non-profit corporate bodies, registered in the country, upon conclusion of their liquidation, unless a special law or their statutes provide otherwise;

3. (Amend., SG, No 124/1998) representing liquidation quota of the Bulgarian state by the property of corporate bodies outside the country, which have ceased to exist, unless stipulated otherwise by special laws;

4. (Amend., SG, No 124/1998) included in inheritance for which there are no legatees by law or by will and testament, all legatees or heirs have given up or lost their right to accept them, with the exception of these real estates and chattel which become municipal property by the order of a law;

5. (new – SG 32/05) acquired by other techniques, provided in a law;

Art. 4. The state shall be responsible for the liabilities of persons, due by the day of the gratuitous acquisition by it of their property and chattel, up to the amount of their value.

Art. 5. (Amend., SG, No 124/1998) (1) (amend. SG 32/05) The state shall certify the occurrence, the change and lapse of their right of ownership of property by an act for state property.

(2) (amend. SG 32/05) The act for state property shall be an official document compiled by an official by the order and in a form determined in the law.

(3) The act for state property shall not have the power of right provision.

Art. 6. (1) (amend. SG 32/05) Real estate and chattels - public state property, which have ceased to have this quality, shall be declared real estate and chattels - private state property by a decision of the Council of Ministers.

(2) (amend. SG 32/05) Properties and chattels - private state property shall be declared as properties and chattels - public state property by a decision of the Council of Ministers.

(3) (new – SG 32/05) The sites – exclusive state property, cannot be announced as properties – private state property.

Art. 7. (amend. SG 32/05) (1) The properties and the chattels – public state property, cannot be subject to administration and be acquired by prescription.

(2) (revoked – SG 36/06, in force from 01.07.2006)

(3) The properties and the chattels - private state property, may be subject to administration and be acquired by prescription. For them shall be applied the provisions of the Law of ownership as far as in this law other is not provided.

Art. 8. (amend. SG 32/05) (1) (amend. - SG 105/06) The acquisition, management and disposition with properties outside the country – property of the Bulgarian state, shall be carried out in compliance with the Bulgarian legislation as far as in the legislation at the location of the properties other is not provided.

(2) (amend. - SG 105/06) The acquisition of properties out of the country by the Bulgarian state, their conceding for management and the disposing with them shall be implemented by the Council of Ministers.

(3) (new - SG 105/06) The conditions and the order of acquisition, management and disposition of properties outside the country – property of the Bulgarian state, shall be determined by the Regulations on Implementation of the Law.

Art. 9. (amend. SG 32/05) The state shall exercise its rights of ownership in the properties and chattels – state property under the conditions and by the order of this law, regardless of whether they were acquired by it before or after its enactment.

Art. 10. (Revoked, SG, No 117/1997)

Art. 11. (Revoked, SG, No 117/1997)

Art. 12. (1) The built-up real estates - public state property, shall be obligatorily insured.

(2) (amend. SG 32/05) The budgets of the bodies of the state authority, managing the properties of para 1, shall provide the necessary funds for payment of the insurance instalments.

Art. 13. The Minister of Defense and the Minister of the Interior shall determine, by order, the built-up real estates, ceded to the Ministry of Defense and the Ministry of the Interior, which shall be obligatorily insured.

Chapter two.

USING AND MANAGEMENT OF THE REAL ESTATES AND CHATTEL - STATE PROPERTY

Art. 14. (1) (amend. SG 32/05) The Ministers and the heads of other departments shall manage the properties and chattels – state property, conceded to them.

(2) (Amend., SG 124/98, amend. SG 32/05) The properties and chattels – state property, shall be used and managed in compliance with their designation, for the needs, for which they are ceded.

Art. 15. (amend. SG 32/05) (1) Properties – state property, shall be conceded gratuitously for management to the departments and the municipalities under conditions and by order, determined with the regulation for implementation of the law.

(2) The Council of Ministers may concede properties - public state property, for management to the departments and the municipalities. Properties- private state property, shall be conceded for management to the departments and the municipalities by the regional governor at the location of the property.

(3) The Ministers and the heads of other departments may concede for management properties – state property, conceded to them by the order of para 2, to their territorial administrative units and to other corporate bodies at budget maintenance with them. A copy of the order shall be sent to the regional governor.

(4) The requests for conceding properties to the departments shall be directed to a commission, which members are determined by the Council of Ministers and they shall be considered by it in one month term.

(5) If there are appropriate properties the commission shall extend a proposal to the Council of Ministers.

(6) Properties - public state property in the context of art. 2, para 2, item 4, may be conceded by the Council of Ministers for management to religions, registered by the order of chapter three of the Law of religions, upon proposal by the Minister of Regional Development and Public Works.

Art. 15a. (new – SG 32/05; revoked – SG 36/06, in force from 01.07.2006)

Art. 16. (Amend., SG, No 124/1998) (1) (amend. SG 32/05; revoked - SG 36/06, in force from 01.07.2006; suppl. - SG 64/06) Properties - public state property cannot be used not in accordance with their designation and granted to third persons except in the cases referred to in Para 2 and 5 and Art. 16a.

(2) (amend. SG 32/05; amend. - SG 36/06, in force from 01.07.2006) Separate real estates or parts of real estates - public state property, can be leased by the order of art. 19, para 1 for a period up to 5 years, on condition that they are used according to their designation and the activities for which they have been ceded for management are not hindered.

(3) (amend. SG 32/05; revoked – SG 36/06, in force from 01.07.2006) The exception under para 2 shall not regard the sites under Art. 4 of the Law for the concessions.

(4) (New, SG 12/2000; amend., SG 24/04, suppl. SG 32/05; revoked – SG 36/06, in force from 01.07.2006)

(5) (new - SG 64/06) Single person trade companies with state property and state enterprises which pursuant to a law use, manage or exploit objects of public state ownership as well as the persons granted concession in objects of public state ownership under the Law of the Concessions in accordance with the decision referred to in Art. 39, Para 1 of the Law of the Concessions may let for rent under the order referred to in Art. 19, Para 1 for a term of up to 5 years parts of the objects of public state ownership conceded to them on the condition that they are used according to their designation.

(6) (new - SG 105/06) Properties or parts thereof – private state property, may be sold or lent without auction for the needs of the diplomatic and consulate missions of other States and the missions of intergovernmental organizations in the Republic of Bulgaria by the Minister, the head of other department or the district governor to whom the property was provided for management.

Art. 16a. (new - SG 36/06, in force from 01.07.2006) (1) Except in the cases referred to in Art. 14 and 15 the objects of public interest in the sense of the Law for the Concessions shall be granted to third persons only under a concession.

(2) When a procedure for granting concession of object of public interest was carried out ending without conclusion of a concession agreement, the Council of Ministers may grant the management of the object to a state enterprise, created according to the order referred to in Art. 62, para 3 of the Commercial Law, or to a single person trade company of state property.

(3) In return to the management granted as referred to in para 2 the state enterprises and single person trade companies of state property shall be obliged to support the object and have the right to exploit it receiving income from providing services to third persons and/or implementation of other economic activities with the object.

(4) The persons referred to in para 3 may lease parts of the object of public interest granted for management according to the conditions referred to in Art. 16, para 2.

(5) The right of management referred to in para 2 is temporary until granting concession of the object under the order of the Law for the Concessions.

Art. 17. (Amend., No 55/97, amend. SG 32/05) At violation of the prohibitions of art. 16, para 1 or when the need of property drops out the right to management shall be divested with a decision of the body who has conceded it.

Art. 18. (1) (New, SG, No 124/98, amend. SG 32/05) The properties - state property, which are not ceded for use and management by the established order shall be used and managed by the regional governor at their location.

(2) (New, SG, No 124/98, amend. SG 32/05) The Ministers shall manage the properties and the chattels, acquired by the state at liquidation of the commercial companies, in which they have exercised the rights of ownership of the state.

Art. 19. (amend. SG 32/05) (1) Properties or parts of them - private state property, shall be rented by the Minister, the head of other department or the regional governor, to whom the property has been conceded for management through a tender, under conditions and by an order, determined in the regulation for implementation of the law. On the basis of the results of the tender contract for rent shall be concluded.

(2) The state enterprises of art. 62, para 3 of the Commercial Law may let for rent the properties, conceded to them for management, by the order of para 1 unless in a special law other has been provided.

(3) Properties or parts of them - private state property, may be let for rent to non profit corporate bodies, determined for implementing of socially useful activity, without a tender by the Minister, the head of other department or the regional governor, to whom the property has been conceded for management, under conditions and by order, determined with the regulation for implementation of the law.

(4) The term for letting for rent of the properties - private state property, cannot be longer than 10 years.

(5) Properties or parts of them - private state property, may be let for rent without tender to health, educational and humanitarian activities for social satisfaction of the respective needs of the population by the regional governor or the head of the department by order and at prices, determined by the Council of Ministers.

(6) (new - SG 105/06) Properties or parts thereof – private state property, may be sold or lent without auction for the needs of the diplomatic and consulate missions of other States and the missions of intergovernmental organizations in the Republic of Bulgaria by the Minister, the head of other department or the district governor to whom the property was provided for management.

Art. 20. (amend. SG 32/05) (1) The conceding of properties - private state property, for the needs of the political parties, meeting the conditions of the Law of the political parties, shall be implemented by order, determined by the Council of Ministers.

(2) The conceding of properties - private state property, for the needs of the organizations of the trade unions, shall be implemented by order, determined by the Council of Ministers.

Art. 21. (Revoked, SG, No 124/1998).

Art. 22. (amend. SG 32/05) The accommodation under rent in state departmental abodes, studios and garages shall be carried out by the Minister, the head of other administrative body or the regional governor, to whom the properties have been conceded, by an order, determined with the regulation for implementation of the law.

Art. 23. (revoked – SG 32/05)

Art. 24. (Amend., SG, No 124/1998) The rental relations shall be discontinued by the order of the Law for the obligations and contracts.

Art. 25. (1) (Amend., SG, No 124/98, amend. SG 32/05) The maintenance and the repairs of the properties - state property, shall be implemented by the departments, to whom they have been conceded and when they have not been conceded by the established order – by the regional governors.

(2) (Amend., SG, No 124/198, amend. SG 32/05) The funds necessary for the maintenance and repair of the properties - state property, shall be provided every year in the budget of the respective administrative bodies.

Art. 26. (1) (amend. SG 32/05) The maintenance and the current repair works of the properties - state property, let for rent or for use, shall be implemented by the tenants or the users for their account.

(2) The contract under para 1 can stipulate the general repairs to be carried out for the account of the tenants and users.

Art. 27. (Revoked, SG, No 124/1998)

Art. 28. (1) (Amend., SG, No 124/98, amend. SG 32/05) The chattels - private state property, shall be conceded gratuitously to corporate bodies at budget maintenance by an order of the respective Minister, head of other administrative body or regional governor.

(2) The chattel, above the value determined by the Council of Ministers, shall be ceded by the order of para 1, upon the consent of the Minister of Finance.

(3) (new – SG 32/05) The chattels – state property, shall be conceded gratuitously without the consent of the Minister of Finance between:

1. the primary administrator with budget resources and the other budget administrators with him;

2. administrators with budget credits at one common primary administrator.

Art. 29. (1) The newly acquired state chattel shall be ceded to the respective administrative bodies.

(2) (Amend., SG. No 124/1998)The state chattel which is not ceded to administrative bodies shall be managed by the regional governors.

Art. 30. (Amend., SG, No 124/1998) The chattel - private state property, ceded to administrative bodies, can be rented under conditions and by an order determined by the head of the administrative body.

Art. 31. (amend. SG 124/98, amend. SG 32/05) The properties and the chattels – state property, which are monuments of culture, shall be managed under conditions and by order, determined with a separate law.

Chapter three.

COMPULSORY EXPROPRIATION OF REAL ESTATES, PRIVATE PROPERTY, FOR STATE NEEDS

Art. 32. (1) (amend., SG 63/03, prev. text of art. 32 - SG 17/06) Real estates or parts of them, property of individuals or corporate bodies, may be expropriated compulsory only in the presence of enacted detailed development plan for meeting state needs, for which it is impossible to be met in any other way, upon preliminary and equivalent cash compensation.

(2) (new - SG 17/06) The equivalent cash compensation under par. 1 shall be determined in accordance with the designation of the properties prior to the entry into force of the detailed development plan on the basis of the market prices of real estate with similar characteristics, situated close to the expropriated one.

(3) (new - SG 17/06) In case the market prices of properties with similar characteristics could not be fixed because of lack of transactions carried out at the respective office for entering, the equivalent cash compensation shall be determined by the order of:

1. the Regulation for implementation of the Law for the state property – regarding properties in the urbanized territories and development zones;

2. the ordinance under art. 36, par. 2 of the Law of the ownership and use the of the farm land– regarding farm land;

3. the ordinance under art. 36, par. 2 of the Law of the forests– regarding lands and forests, included in the forest fund.

Art. 33. (1) (Amend., SG, No 124/1998; revoked, SG 63/03)

(2) (amend. SG 1/01; amend., SG 63/03) Grounds for a compulsory expropriation may only be made by an enacted development plan, by whose force the real estate is designated for meeting state needs, and becomes a public state property.

(3) (new, SG 63/03) The expropriation of real estates - private property may be made in full, before the starting of construction, or in stages - before starting the construction of the respective stage.

Art. 34. (amend., SG 63/03) (1) The interested institution shall extend a motivated request for expropriation to the Minister of Finance and the Minister of regional development and public works. When it is planned for the site to be constructed in stages the request may be made for the real estates necessary for the respective stage.

(2) The request for expropriation under para 1 shall contain:

1. copy of an enacted detailed development plan;

2. characteristics, type, location, size of the real estates, data for the owners and ownership documents;

3. (amend. - SG 17/06) evaluation of the real estates carried out by a assessor of properties, not earlier than three months from the date of filing the request for expropriation;

4. financial provision of the proposal for expropriation.

(3) (amend. - SG 17/06) The owners and the users of the real estate under para 1 shall be obliged to present ownership documents and to provide free access for making measurements and other technical activities, inasmuch as necessary for preparation of the request. In case of a refusal the access shall be provided by the assistance of the bodies of the Police. The municipal and state bodies shall be obliged to present gratuitously all documents regarding the real estate - subject of the request under para 1.

(4) The Minister of Finance and the Minister of regional development and public works, upon considering and assessing the request for expropriation may approve or reject it within 14 days. The Minister of finance shall take decision regarding the financial provision for the expropriation and the Minister of Regional Development and Public Works - regarding the presence of grounds for expropriation.

Art. 34a. (new, SG 63/03) (1) The expropriation of real estates and parts of real estates, private property, necessary for the construction of infrastructure sites, shall be made by a decision of the Council of Ministers at a proposal of the Minister of Regional Development and Public Works and the Minister of Finance.

(2) beyond the cases of para 1, the expropriation shall be carried out upon an order of the regional governor at a proposal of the Minister of Regional Development and Public Works and the Minister of Finance.

(3) Along with filing the proposal under para 1 the Minister of Regional Development and Public Works shall send a copy of it to all municipalities on whose territories is located the real estate or parts of the real estate, private property, subject to expropriation. The mayor of the respective municipality shall be obliged to place an announcement for the started procedure of expropriation in a visible place in the building of the municipality.

Art. 34b. (new, SG 63/03) (1) The decision of the Council of Ministers under art. 34a, para 1 shall indicate the need of the state for which the real estates are expropriated, the type, the location, the size, the price (the size of the indemnification) and the owners of each of the real estates.

(2) The decision shall be promulgated in the State Gazette.

Art. 34c. (new, SG 63/03) (1) The order of the regional governor under art. 34a, para 2 shall indicate the need of the state for which the real estates are expropriated, the type, the location, the size, the price (the size of the indemnification) and the owners of each of the real estates, the commercial bank where the indemnification shall be deposited and the date after which the payment to the rightful claimants shall begin. The order shall be issued within 14 days from receipt of the proposal of the Minister of Regional Development and Public Works and the Minister of Finance.

(2) The order shall be presented to the owners of the real estate by the order of the Civil Procedure Code.

Art. 35. (amend., SG 63/03) The legal constructions and the other improvements, made by the owner, upon promulgation of the decision under art. 34a, para 1, respectively upon presentation of the order under art. 34a, para 2 shall be paid by the lesser value between the expenses and the increased value of the real estate.

Art. 36. (revoked, SG 63/03)

Art. 37. (revoked, SG 63/03)

Art. 38. (Amend., SG, No 124/1998; amend., SG 63/03) (1) The decision of the Council of Ministers under art. 34a, para 1 shall be subject to appeal before a three-member jury of the Supreme Administrative Court within 14 days from its promulgation in the State Gazette.

(2) (amend. - SG 30/06, in force from 12.07.2006) The order of the regional governor under art. 34a, para 2 shall be subject to appeal before the administrative court at the location of the real estate within 14 days from its presentation.

(3) Within 7 days from receipt of the complaint the Council of Ministers, respectively the regional governor, shall send the complaint to the court along with a statement on it and all necessary evidence.

(4) The court shall subpoena obligatorily the investor of the site for whose construction the real estate is expropriated.

(5) Within 5 days from receipt of the complaint the court shall rule in a closed meeting on the admission of the evidence indicated and presented by the parties, and shall set the hearing after 15 days. The rules of art. 41, para 5 and the term under art. 157, para 1 of the Civil Procedure Code shall not apply in subpoena.

(6) The terms under para 5 shall also apply in postponement of the case.

(7) The court shall announce its decision within 7 days from the meeting on which the hearing of the case was concluded. The decision of the court shall be final.

Art. 39. (amend., SG 63/03) (1) The real estate shall be considered expropriated from the date when the indemnification determined by the order under art. 34a, para 2, respectively by the decision under art. 34a, para 1, or by the court decision is paid.

(2) If the expropriated real estate is the only home of the owner the real estate shall be occupied within three months after the payment of the indemnification.

(3) (amend. - SG 30/06, in force from 12.07.2006) If, within 6 months from the enactment of the order under art. 34, para 2, or respectively of the decision under art. 34a, para 1, or of the court decision the owner has not been indemnified at his request the administrative court at the location of the real estate, respectively the Supreme Administrative Court, shall revoke the expropriation act.

(4) The indemnification determined by the decision of the Council of Ministers under art. 34a, para 1, by the order of the regional governor under art. 34a, para 2, or by the court decision shall be paid by the investor of the site in a commercial bank to an account of the rightful claimants.

(5) The indemnification determined by the decision of the Council of Ministers under art. 34a, para 1 or by the order of the regional governor under art. 34a, para 2 shall be paid by the investor if the site in a commercial bank to an account of the regional governor in case of a dispute between several persons on the right to the due sum or on rights on the expropriated real estate, as in this case the bank shall pay the sum to the person having established his rights through a court.

(6) The investor of the site shall publish an announcement in two central and one local daily newspapers notifying the owners of the real estates in which commercial bank the indemnification has been deposited, as determined by the decision under art. 34a, para 1 or by the court decision, as well as about the initial date when the payment shall begin.

Art. 39a. (new - SG 17/06) (1) When the owner of the property can not be established or his/her address is unknown, the property shall be considered to be expropriated from the date on which the investor transfers to account of the regional governor the compensation, determined in the decision under art. 34a, par. 1 or in the order under art. 34a, par. 2.

(2) In the cases pursuant to par. 1 the former owner of the expropriated property or his/her legal successors shall prove their right to acquire the fixed compensation before the regional governor, who shall order the bank to pay up the compensation due along with the relevant interest.

Art. 40. (1) (amend., SG 63/03) If, within a period of three years from the expropriation of the real estate, the activities under the detailed development plan has not started or the real estate is not used according to its designation, for which it has been expropriated, or the measure, at the request of the former owner the regional governor shall revoke the expropriation upon reimbursement of the received indemnification. If the real estate has been expropriated by a decision of the Council of Ministers under art. 34a, para 1 the regional governor shall send the request to the Minister of Regional Development and Public Works who shall propose to the Council of Ministers to revoke in full or partially the decision under art. 34a, para 1.

(2) In the case under para 1 the state shall owe to the owner compensation for the caused damages.

(3) (amend., SG 63/03) The state shall have the right to receive the lesser value between the expenses and the increased value of the real estate for improvement made, in the meantime by it, of the real estate.

Art. 41. (1) (amend., SG 63/03) When the real estates are burdened with real rights the following rules shall be observed:

1. the due monetary compensation, in its part up to the amount of the taking, secured by a mortgage, shall be paid to the mortgaged creditor, inasmuch as his takings are not preceded by another of the kind, with payment advantage;

2. in case of another real right burden on the real estate, the due monetary compensation shall be deposited at a commercial bank and it shall serve as security of the respective taking.

(2) (Amend., No 104/1996; revoked, SG 63/03)

(3) The state shall acquire the real estates, expropriated under this law, without burden.

Art. 42. Taxes and duties for the expropriation procedures under this chapter shall not be collected.

Chapter four.

ACQUISITION AND DISPOSITION OF PROPERTIES AND CHATTELS – PRIVATE STATE PROPERTY (title amend. SG 32/05)

Art. 43. (Amend., SG, No 124/1998, amend. SG 32/05) (1) The state may acquire properties by purchase, exchange, grant, subdivision, against payment or gratuitously establishing of real rights, will or by other techniques, determined in the law.

(2) The state shall dispose of properties - private state property, on the basis of valuation of the properties, made by independent assessor, not lower than their tax valuations, through sale, exchange, subdivision, establishing of limited real rights against payment of gratuitously, as well as by apportation of properties and chattels in the capital of commercial companies.

(3) Properties and chattels – property of commercial companies, included in appendix No 1 of art. 3, para 1 "List of the commercial companies with more than 50 percent state participation in the capital or detached pars of them" of the Law of privatization and post-privatization control, cannot be apported.

(4) The state enterprises of art. 62, para 3 of the Commercial Law can dispose of the properties - private state property, conceded to them, with permission by the Minister, exercising the rights of ownership of the state, under conditions and by order, determined with the regulation for implementation of the law.

Art. 43a. (new – SG 32/05) With a decision of the Council of Ministers shall be assigned to a Minister, head of other department or regional governor to conclude contract for purchase of property or for establishing of limited real right in favor of the state.

Art. 43b. (new – SG 32/05) The regional governor shall accept the grant of property, limited real right or chattel in favor of the state and conclude a contract. When the grant is made in favor of a Ministry, other department or corporate body at budget maintenance the contract shall be concluded by the Minister, the head of the other department or the head of the corporate body at budget maintenance.

Art. 43c. (new – SG 32/05) Will or legacy, made in favor of the state, shall be accepted by the regional governor. In the cases when the will or the legacy has been made in favor of a Ministry, other department or corporate body at budget maintenance, the will or the legacy shall be accepted by the Minister, the head of the other department or the corporate body at budget maintenance.

Art. 44. (amend. SG 32/05) (1) The sale of properties - private state property, shall be carried out by the regional governor at the location of the property after conducting of a tender, under conditions and by an order determined with the regulation for implementation of the law.

(2) The sale of land - private state property, to persons, having ownership in a lawfully constructed building on it, shall be carried out by the regional governor at the location of the property without a tender under conditions and by an order determined with the regulation for implementation of the law.

(3) On the grounds of the order a sale contract shall be concluded by the regional governor.

Art. 45. (amend. SG 32/05) (1) The exchange of property - private state property or a construction right in property - private state property, with property or construction right – ownership of individuals or corporate bodies, shall be implemented by the regional governor at the location of the property – state property, with the consent of the Minister of Regional Development and Public Works. The exchange shall be implemented on the basis of valuations of the exchangeable properties, made by independent assessor, at priced not lower than their tax valuations.

(2) (amend. - SG 17/06) When the tax value of the property - private state property, or of the construction right on property - private state property, is over 1 000 000 levs, the exchange shall be implemented with decision of the Council of Ministers upon proposal by the Minister of Regional Development and Public Works. On the basis of the decision of the Council of Ministers the Minister of Regional Development and Public Works shall issue order and conclude contract for exchange.

Art. 45a. (New, SG, No 124/198, amend. - SG 17/06) The discontinuation of the ownership of the state and of individuals or corporate bodies of properties shall be carried out by the order of Art. 34 - 36 of the Law for the ownership.

Art. 46. (Amend., SG, No 124/1998, amend. SG 32/05) (1) Immovable properties - private state property, conceded for management to the respective departments, cannot be acquired by purchase – sale or exchange by:

1. the Prime Minister and the deputy Prime Ministers;

2. the Ministers and the deputy Ministers;

3. the people’s representatives;

4. the chairpersons of state agencies and their deputies;

5. the chairpersons and the members of the state commissions;

6 the executive directors of the executive agencies and their deputies;

7. the heads of state institutions, established with a law or decree of the Council of Ministers;

8. the chief secretaries of the National Assembly, of the Council of Ministers, of the administration of the President, of the Ministries and of the state institutions of items 4, 5, 6 and 7;

9. the regional governors and their deputies;

10. the members of the political offices of the Prime Minister, the deputy Prime Ministers and the Ministers as well as the expert and the technical collaborators with them;

11. (amend. - SG 17/06) the directors of directorates in the administrations of the central bodies of the state authorities.

(2) Civil servants and employees with legal relation of employment in the administration may acquire without a tender immovable properties – abodes, studios and garages - private state property, conceded for management to the respective departments, if they have at least three years service in the respective administration and meet the requirements, provided in the regulation for implementation of the law.

(3) In the cases of para 2 the sales shall be made at prices not lower than the tax valuations of the properties.

Art. 46a. (new – SG 93/04) (1) (amend. - SG 17/06) The sale or the exchange of immovable property – private state property, conceded for management to the Ministry of Defense, which tax value exceeds 1 000 000 levs, shall be implemented with permission by the Council of Ministers upon proposal by the Minister of Defense.

(2) The revenues from the sale of the immovable properties of para 1 shall be received in the budget of the Ministry of Defense.

Art. 47. (1) (Amend., SG, No 55/1997, amend. SG 32/05) The sale and the establishing of limited real rights in property - private state property, whose tax value exceeds 70 million levs, shall be carried out by a decision of the Council of Ministers at the proposal of the Minister of Regional Development and Public Works.

(2) (Amend., SG, No 55/1997, amend. SG 32/05) In the cases of para 1 on the basis of the decision of the Council of Ministers the Minister of Regional Development and Public Works shall conduct a tender under the conditions and by the order of art. 44, para 1 after which he shall issue an order and conclude contract for sale.

Art. 48. (Amend., SG, No 124/1998, amend. SG 32/05) (1) The disposing with properties - private state property, shall be implemented with order by the regional governor on which basis a contract shall be concluded.

(2) The contracts through which the state acquires properties and disposes of properties - private state property, shall be concluded in written form and shall be entered upon order by the judge for entering at the location of the property.

Art. 49. (1) (amend. SG 32/05) The sale of state abodes, studios and garages shall be carried out by the regional governor at the location of the property under the conditions and by the order of art. 44.

(2) (revoked – SG 32/05)

(3) Under the conditions and by the order of para 1 shall also be carried out the sale of state flats, studios and garages, which have been ceded to closed down administrative bodies, unless the liquidation act does not stipulate otherwise.

(4) (Amend., No 55/1997) Vacant state flats, studios and garages, which are not ceded to administrative bodies, shall be distributed by the regional governor, in coordination with the Minister of regional development and public works, among the administrative bodies, in conformity with their proven needs.

(5) (revoked – SG 32/05)

Art. 50. (revoked – SG 32/05)

Art. 51. (revoked – SG 32/05)

Art. 52. (amend. SG 32/05) The exchange of state departmental abodes, studios and garages with abodes, studios and garages - property of the workers or the employees of the department, shall be carried out by the regional governor with the consent of the Minister or the head or the department under conditions and by order determined with the regulation for implementation of the law, and at prices not lower than the tax valuation.

Art. 53. (amend. SG 57/00) The disposition of flats, studios and garages, ceded to the Ministry of Defense, the Ministry of the Interior, shall be carried out by an order, determined by the Council of Ministers.

Art. 54. (1) (Amend., SG, No 55/1997, amend. SG 32/05) Gratuitous transfer of ownership over a property shall be carried out by a decision of the Council of Ministers, at the proposal of the Minister of regional development and public works. The regional governor shall conclude contract for gratuitous transfer, which shall be registered in the entries office.

(2) The requests for gratuitous transfer under para 1 shall be made through the regional governor, who shall present a motivated opinion.

Art. 55. (1) (Amend., SG, No 124/1998, amend. SG 32/05) Voluntary partition of co-owned, by the state and individuals or corporate bodies, property shall be carried out at the proposal of the owners to the regional governor, respectively to the Minister or the head of the administrative body to whom the real estate has been ceded. Proposal for voluntary partition to the remaining owners can be made by the regional governor, the Minister or by the head of the administrative body to whom the real estate has been ceded.

(2) (suppl. SG 32/05, amend. - SG 17/06) The voluntary partition under par. 1 shall be carried out by the regional governor with the preliminary consent in writing of the Minister of the Minister of Regional Development and Public Works, and for the real estate ceded to administrative bodies - with the preliminary consent in writing of the head of the administrative body.

(3) The voluntary partition shall be carried out on the grounds of an order of the regional governor and a contract for partition between the parties.

(4) The bodies under para 2 shall not give consent for voluntary partition if it is not in the interest of the state.

Art. 56. (1) (Amend., SG, No 124/1998, amend. SG 32/05) Right of use of property - private state property shall be established by an order of the regional governor for a period not longer than 10 years upon a tender, under conditions and by an order, determined by the Council of Ministers.

(2) (Amend., No 55/1997) Gratuitous right of use can be established with the consent of the Council of Ministers at the proposal of the Minister of regional development and public works.

(3) (Amend., SG, No 124/1998, amend. SG 32/05) The order under para 1 shall determine the method and the conditions of constituting the right of using - gratuitously or against payment. When the right of using is constituted gratuitously or under definite conditions the order shall indicate its price, respectively the conditions determined on the grounds of the tender.

(4) On the grounds of the order the regional governor shall conclude a contract.

Art. 57. (New – SG 32/05) (1) The rights of ownership of the state in commercial companies shall be exercised by the Council of Ministers or by the Ministers according to their sector competence.

(2) The state may establish and participate in the establishing of stock holding companies and limited liability companies upon decision by the Council of Ministers.

(3) The state may contribute properties and chattels - private state property, in the capital of commercial companies on the basis of decision of the Council of Ministers upon proposal by the respective Minister.

Art. 58. (Amend., SG, No 124/1998) (1) Right of construction on a real estate - private state property, shall be constituted indefinitely or for a definite period by an order of the regional governor.

(2) (Suppl., SG, No 124/1998, amend. SG 32/05) Right of construction shall be constituted against payment by the regional governor at the location of the real estate, upon a tender, under conditions and by an order determined by the Council of Ministers. In the conditions of the tender may be provided the payment of the construction right to be made by equal property indemnification in the newly constructed building on the basis of valuation, made by independent assessor.

(3) On the grounds of the order the regional governor shall conclude contract.

(4) (amend. SG 32/05) On the basis of a decision of the Council of Ministers the regional governor shall establish for departments gratuitous construction right.

(5) (New, SG, No 124/1998) When the constituted right of construction is of a definite term, upon expiration of the term of constitution the constructed site shall be transferred gratuitously as property of the state.

Art. 59. (1) Right of superstructure or adding to a building on a real estate, constructed on state land, shall be established under the conditions and by the order of Art. 58.

(2) The right of superstructure and adding to existing blocks of flats, constructed on state land, shall be established for the owners of the flats in these buildings or of their children of age, if they need accommodation, without a tender, at prices, determined by the Council of Ministers.

Art. 60. (Amend., SG, No 104/1996, amend. SG 32/05) The contracts for establishing limited real rights on properties - private state property, shall be entered in the office for the entries their location.

Art. 61. The disposition of chattel - private state property - machines, installations, equipment, transport vehicles and stock in hand, ceded to administrative bodies, shall be carried out against payment by the head of the administrative body.

Art. 62. The disposition of chattel of closed down administrative bodies shall be carried out by the Minister of Finance, unless the liquidation act stipulates otherwise.

Art. 63. (1) Gratuitous transfer of the ownership of chattel to corporate bodies and other organisations at budget support shall be carried out by the regional governor, respectively by the head of the administrative body.

(2) The gratuitous transfer of ownership of chattel above the value determined by the Council of Ministers shall be carried out by the order of para 1, with the consent of the Minister of Finance.

(3) (new – SG 17/06) Chattel - private state property may be transferred gratuitously in ownership of the Bulgarian Red Cross following the procedure of par. 1 and par. 2.

Art. 64. (1) (suppl. SG 32/05) The sale of unnecessary and unfit chattel, as well as of acquired material from cleaning construction sites, shall be carried out through a tender or at the commodity exchanges..

(2) The conditions and order of holding the tender under para 1 shall be determined by the Minister of Finance.

(3) (revoked – SG 32/05)

Art. 65. (revoked – SG 32/05)

Chapter five.

SUPERVISION AND ISSUANCE OF TITLE DEED OF THE REAL ESTATE - STATE PROPERTY

Art. 66. (1) (Amend., SG 55/97, amend. SG 124/98, amend. SG 32/05) The using, management and disposal of properties – state property, shall be carried out under the common guidance and control of the Minister of Regional Development and Public Works, and for the chattel - state property - of the Minister of Finance.

(2) (revoked – SG 32/05)

Art. 67. (amend. SG 32/05) In the Ministries, the other departments and the regional administrations shall be established unit "State property" and unit "Management of the property".

Art. 68. (amend. SG 32/05) (1) For the properties – state property, shall be compiled acts for state property.

(2) The Minister of Regional Development and Public Works shall approve separate models of acts for state property for the properties – exclusive public and private state property.

(3) The acts for state property shall also be compiled for properties, ownership of the Bulgarian state out of the country.

(4) Acts for state property shall not be compiled for temporary constructions, the road network, the river and gully beds unless in a special law other is provided.

Art. 69. (Amend., SG, No 55/1997, amend. SG 32/05) (1) The acts for sites - exclusive state property, shall be made in duplicate by office "State property" of the Ministry of Regional Development and Public Works.

(2) The acts shall be signed by the compiler and approved by the Minister of Regional Development and Public Works.

(3) The first copy shall be preserved in unit "State property" and the second one shall be presented at the respective office for entering in 14 days term after the approval.

Art. 70. (amend. SG 32/05) (1) The acts for public and private state property shall be compiled in two copies by unit "State property" at the regional governor. The acts shall be signed by the compiler and approved by the regional governor. The first copy shall be kept in unit "State property" and the second shall be presented in the office for entering in 14 days term after the approval. To the Ministry of Regional Development and Public Works and to the persons who use the property shall be presented copies after entering of the respective act.

(2) The acts for state property of properties, connected with classified information, being state secret, or with the security and the defense of the country shall be compiled in two copies by unit "State property" of the respective Ministry or department, managing the property. They shall be signed by the head of the department. The first copy shall be preserved in the respective Ministry of department, the second one shall be sent by the established order to the Ministry of Regional Development and Public Works and a copy shall be sent to the respective regional governor. For these acts separate registers shall be created.

(3) (amend. - SG 17/06) The acts for state property – ownership of the Bulgarian state out of the country, shall be compiled at the Ministry of Finance in three copies according to a model, approved by the Minister of Regional Development and Public Works. The acts shall be signed by the compiler and approved by the Minister of Finance. The first copy of the act shall be preserved at the Ministry of Finance, the second one – at the Ministry of Regional Development and Public Works, the third one – at the Ministry of Foreign Affairs, and a copy of the act shall be sent to the user of the property.

(4) To the acts for state property shall be attached the documents, establishing the right of ownership of the state.

Art. 71. (amend. SG 32/05) When at change of the detailed development plans, the cadastral map (cadastral plan), the land reallocation plans, the forest development plans, as well as in other plans, connected with the restoration of the right of ownership in lands and forests form the forest entirety new landed properties are formed, for each newly formed landed property a new act for state property shall be compiled, in which shall be pointed out the number and the date of the old act. The change shall also be marked on the old act and entered in the office for entering.

Art. 72. (1) (prev. text of art. 72 - SG 17/06) In cases of change of the grounds for acquiring the real estate by the state or in cases of establishing an obvious factual mistake, new title deed shall not be issued. In these cases the act shall contain the new grounds or the admitted mistake shall be corrected.

(2) (new - SG 17/06) The amendment or the correction in the act for state propertyshall be entered by the entries office.

Art. 73. (amend. SG 32/05) In the act for state property shall be noted the activities for management or disposing with the immovable property, and for the immovable properties - public state property, also their granting to concession.

Art. 74. (1) (amend. SG 32/05) The acts for state ownership of properties shall be entered by consecutive numbers in the register, stitched in title deed books and kept in the respective unit "State property".

(2) (amend. SG 32/05) The acts for state ownership of chattel which have ceased to be property of the state, or for properties, for which new acts have been issued, shall be stored in the way stipulated by para 1, and in them shall be marked the respective circumstance.

(3) (new – SG 32/05, suppl. – SG 17/06) At change of the statute of a property – state property under art. 6 a new act for state property shall be compiled, which shall be entered in the entries office.

Art. 75. (Amend., SG, No 55/97, amend. SG 32/05, amend. - SG 17/06) On the basis of the acts for state property in the departments shall be created main register and auxiliary registers according to a model, confirmed by the Minister of Regional Development and Public Works. The main register and the auxiliary registers shall be kept by an official, authorized by the Minister, the head of department or the regional governor.

Art. 76. (amend. SG 32/05, amend. - SG 17/06) The acts for state property, the main register and the auxiliary register shall be preserved termlessly.

Art. 77. (amend. SG 32/05) The act books for the properties – state property shall be generally accessible and everybody can request information on them under conditions and by an order, determined by the regulations for implementation of the law.

Art. 78. (1) (amend. SG 32/05) Properties incorrectly entered as state property as well as properties for which the ground has dropped out, shall be written off the act books with an order by the regional governor and shall be delivered to the owner. The change of the ownership shall be subject to entering.

(2) (Amend., SG, No 55/1997; amend., SG 45/02, amend. SG 32/05) The writing off of real estates - public state property, and of property related to a classified information representing state secrets and security of the state, shall be carried out with an order of the Minister of regional development and public works upon taking the opinion of the respective administrative body, which manages the real estate.

(3) The writing off of real estate - property of the Bulgarian state out of the country shall be carried out by an order of the Minister of Finance at the proposal of the Minister of Foreign Affairs.

Art. 79. (1) (amend. SG 32/05) When a title deed is issued inexpediently for a property - state property as municipal, the title deed for municipal ownership shall be revoked by an order of the regional governor.

(2) (amend. - SG 30/06, in force from 12.07.2006) The order of the regional governor shall be subject to appeal by the order of the Administrative procedure code.

(3) The disputes over real rights shall be settled by court order.

Art. 80. (1) (amend. SG 32/05) A property - state property which is used or hold on no grounds, which is used not according to its designation or the need of using it has dropped out, shall be expropriated on the grounds of an order of the regional governor on the basis of motivated request by the respective Minister or head of department.

(2) (amend. SG 32/05) The order of the regional governor for expropriation of the real estate shall be fulfilled by administrative order with the assistance of the police.

(3) (amend. - SG 30/06, in force from 12.07.2006) The order under para 1 shall be subject to appeal by the order of the Administrative procedure code. The appeal shall not suspend the fulfillment of the order, unless the court rules otherwise.

Art. 80a. (new – SG 93/04) (1) A state property, conceded for use and management to the Ministry of Defense, the Bulgarian Army and the structures, subordinated to the Minister of Defense, which is owned or possessed without ground or on fallen away ground by other individual or corporate body, or which is used not for its designation, shall be seized on the basis of an order by the Minister of Defense.

(2) The order by the Minister of Defense for the seizure of the property shall be executed by administrative order with the cooperation of the bodies of the military police.

(3) (amend. - SG 30/06, in force from 12.07.2006) The order of para 1 shall be subject to appeal by the order of the Administrative procedure code. The appeal shall not stop the execution of the order unless the court rules other.

Art. 81. (amend. SG 32/05) The state bodies, the mayors of municipalities and the bodies of the police shall be obliged to render the necessary assistance to the offices "State property" for the protection and expropriation of the state property.

Art. 82. (Amend., SG, No 55/1997) The offices "State property" with the regional governor shall be obliged, by March 31 of the current year, to present to the Minister of regional development and public works information about the changes in the state real state on the territory of the region for the preceding year.

Chapter six.

ADMINISTRATIVE AND PENALTY PROVISIONS

Art. 83. (Amend., SG, No 124/1998) Who, without grounds occupies a state real estate, shall be fined with 500 thousand to 1.5 million levs, unless subject to a more severe penalty.

Art. 84. (amend., SG, No 124/98; amend. - SG 36/06, in force from 01.07.2006) Who violates the prohibition under Art. 16, para 1 shall be fined with 500 to 2 000 levs.

Art. 85. Who, within one month, does not fulfil the order or the decision for vacation of a state real estate, shall be fined with 500 thousand levs to 1.5 million levs, unless subject to a more severe penalty.

Art. 86. Who does not fulfil on time the obligation under #5 of the transitional and concluding provisions shall be fined with 10 thousand to 50 thousand levs.

Art. 87. (1) (Amend., SG, No 55/197) The violations under Art. 83, 84 and 85 shall be established by an act of the head of office "State property" with the respective the regional governor at the location of the property or by persons authorised by him.

(2) The violence under Art. 86 shall be established by an act of persons authorised by the regional governor.

(3) The penalty decrees shall be issued by the Minister of Finance.

Art. 88. The establishment of violations, the issuance, the appeal and the fulfillment of the penalty decrees shall be carried out by the order of the Law for the administrative violations and penalties.

Additional provisions

§ 1. (amend., SG 63/03) "National infrastructure sites" in the meaning of this law are: construction and reconstruction of transport communication networks and installations - highways and roads of the republican road network, railroads and sites of the railway infrastructure, ports, airports and installations thereof; other networks and installations of the technical infrastructure - water supply, sewerage, purification of drinking and sewage waters, electrification, heat supply, gas supply and telecommunication networks.

§ 1a. (new - SG 17/06) Within the meaning of this law:

1. "Equivalent cash compensation" shall be the price of the properties, being expropriated or of parts of properties, determined by the order of this law.

2. "Market prices" shall be the averaged prices from transactions with properties for purchase – sale, exchange, establishment of real rights or transfer of ownership against obligation for construction, mortgage, the sales via auction by public and private bailiffs, the state institutions and the municipalities, as well as other value transactions, at which one of the parties at least is a trader, concluded within 12 months prior to the date of assigning the evaluation, and entered at the entries office at the location of the property.

3. "Assessor of properties" shall be a person, who:

a) has the education required and a professional qualification for evaluation of properties;

b) has a document for implementing evaluation of properties, issued by the competent authority;

c) has at least three years of experience in evaluation of properties;

d) is not an employee of the investor, is not interested in the expropriation and is not a relative on direct line – without restriction, on the collateral line – up to fourth degree inclusive and a relative by marriage – up to second degree of the parties to the expropriation.

4. "Real estate situated close to the expropriated one" shall be the properties, located:

a) in one and the same region in the big cities with regional structure;

b) in one and the same suburb in the other towns or settlements or settlement formations;

c) in one and the same land in the agricultural territories and territories of forests and lands of the forest fund.

§ 2. (amend. SG 32/05) "Administrative bodies" in the sense of this law are the National Assembly, the administration of the President of the Republic of Bulgaria, the Constitutional Court, the Council of Ministers, the Ministries and other state bodies and organizations at budget maintenance, to whom is assigned management of the state property.

§ 2a. (new – SG 32/05) "Coastal beach strip" in the context of this law is part of the bank, being naturally or artificially detached territory, covered with sand, gravel or other sediments and/or rock formations, with way of durable use for recreation purposes.

§ 2b. (new – SG 32/05) "Sea beach" in the context of this law is a detached part of the coastal beach strip of the Black Sea with the adjacent water area. The boundaries of the territory of the sea beach shall be determined on the basis of geodetic survey by direct geodetic measurements, which is reflected in the Act for exclusive state property.

§ 3. The measure has commenced in the sense of Art. 40, para 1 when the architectural projects are approved and a permit for construction is issued.

Transitional and concluding provisions

§ 4. (1) (Amend., SG, No 124/1998) The rental contracts, concluded before June 1, 1996, cannot be discontinued on the grounds of Art. 24, para 1, item 6 before the amendment, with the exception of the cases:

1. of unilateral discontinuation of the employment contract by the worker or employee;

2. of discontinuation of the employment contract by mutual consent of the parties, or discontinuation of the employment contract due to expiration of the contracted period;

3. of discontinuation of the employment contract by the employer, without preliminary notification, according to Art. 330 of the Labour Code;

4. of discontinuation of the employment contract with a worker or employee who, due to the nature of his work obligatorily lives in the administrative premises;

5. of retirement for time of service and age, when the worker or employee has uninterrupted time of service in the respective administrative body less than 5 years;

6. (Amend., SG, No 124/1998) when the worker or employee, with whom the rental contract has been discontinued on the grounds of Art. 24, para 1, item 6, before the amendment or another member of his family has bought a flat from the same administrative body;

7. when, upon discontinuation of the rental contract, the circumstances under Art. 24, para 1, item 13, 4 or 8 have occurred, as well as when the person refuses to pay compensation or does not pay it systematically.

(2) (Amend., SG, No 124/1998) The vacation of administrative flats, occupied by persons who have worked in the respective administrative body and their rental contract has been discontinued due to discontinuation of their employment contract before June 1, 1996 shall be carried out by the order effective before this date.

(3) (Amend., SG, No 124/1998) The persons, with whom the market rental contract is discontinued, shall pay compensation, amounting to the market rental price, until the vacate the flat.

§ 5. The physical and corporate bodies who use a state real estate shall be obliged, within 6 months from the enactment of this law, to inform in writing the offices "State property" with the regional governor at the location of the real estate. For the state flats the notification shall be made by the respective administrative bodies who use them.

§ 6. (SG 38 - Decision No 7 of 2001 of the Constitutional Court - declared anti-constitutional) For a right of use, established by the respective order,until the enactment of this law, or for more than 10 years, shall apply the period under Art. 56, para 1 from the date of its establishment. If the period has expired by the date of enactment of the law, the real estate shall be submitted within six month from the same date.

§ 6a. (New, SG, No 61/1997, Suppl., No 93/1998) The provisions of this law, regarding the real estates - exclusive state property, shall also apply to the sites on which, pursuant to Art. 18, para 2 and 3 of the Constitution of the Republic of Bulgaria, the state exercises sovereign rights unless a law provides otherwise.

§ 7. The Council of Ministers shall adopt regulations for implementation of the law.

§ 8. The Law shall come into force on June 1, 1996.

The law was adopted by the 37th National Assembly on May 8, 1996 and was affixed with the state seal.

Transitional and concluding provisions

 (SG 63/03)

§ 15. (1) Started proceedings for expropriation of real estates, private property, shall be concluded by the order of this law, except in the cases of court proceedings on admission of the expropriation.

(2) The instituted court proceedings on admission of the expropriation shall be concluded by observing the terms of art. 38.

§ 16. The law shall enter into force one month after its promulgation in the State Gazette.

Transitional and concluding provisions

 (SG 32/05)

§ 60. All acts for state property, except the acts of art. 69, para 1 and art. 70, para 3, compiled by the order of the law, regardless of the date of compiling, shall be entered upon order by the judge for entering.

………………………

§ 62. The requests by corporate bodies and other organizations at budget maintenance for gratuitous conceding of right to manage the properties - private state property, by the order of art. 17, submitted before this law enters into force, shall be considered by the previous order.

§ 63. The contracts for letting for rent of properties – state property, concluded till this law enters into force for a term of three years may be extended within the term, provided in the law.

-----------------------------

The law was passed by the 39th National Assembly on March 30, 2005 and is affixed with the official seal of the National Assembly.

Transitional and concluding provisions

(SG 17/06)

§ 18. The equivalent cash compensation on the procedures of expropriation of real estates, private property, which have started, by the date of entry into force of this law, shall be determined following the previous procedure.

§ 19. In one month term after the entry into force of this law the Ministry of Finance shall transfer to the Ministry of Regional Development and Public Works and the Ministry of Foreign Affairs copies of the acts for state property for the real estates - property of the Bulgarian state abroad.

§ 20. In one month term after the entry into force of this law the Council of Ministers at proposal by the Minister of Regional Development and Public Works and the Minister of Agriculture and Forests shall adopt the respective amendments and supplements in the ordinance under art. 36, par. 2 from the Law of the ownership and use of the farm land and the ordinance under art. 19, par. 1 from the Law of the forests.

Transitional and concluding provisions

TO THE ADMINISTRATIVE PROCEDURE CODE

(PROM. – SG. 30/06, IN FORCE FROM 12.07.2006)

 

§ 44. In the Law for the state property (prom. SG. 44/96; amend. SG. 104/96, SG. 55, 61 and 117/97, SG. 93, 124/98, SG. 67/99, SG 9, 12, 26 and 57/00, SG. 1/01, SG. 38/01 – Decision of the Constitutional court of 2001; amend. SG. 45/02, SG. 63/03, SG. 24 and 93/04, SG. 32/05, SG 17/06) the following amendments shall be made:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The words "the Law for the administrative procedures" shall be replaced everywhere by "the Administrative procedure code".

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

§ 142. The code shall enter into force three months after its promulgation in State Gazette, with the exception of:

1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 - 4§ 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with regard to the replacement of the word "the regional" with the "administrative" and the replacement of the word "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force from the 1st of May 2007;

2. paragraph 120, which shall enter into force from the 1st of January 2007;

3. paragraph 3, which shall enter into forcefrom the day of the promulgation of the code in State Gazette.

Transitional and concluding provisions

TO THE LAW FOR THE CONCESSIONS

(PROM. – SG 36/06, in force from 01.07.2006)




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