28.09.2022
AN ACTION PLAN FOR THE IMPLEMENTATION OF THE NATIONAL DEVELOPMENT PROGRAM BULGARIA 2030 IN THE PERIOD 2022-2024 HAS BEEN APPROVED
The Government adopted an Action Plan for the implementation of the National Development Program BULGARIA 2030 in the period 2022-2024.
Its main task is to contribute to the achievement of the three strategic goals of the National Program - accelerated economic development, demographic upswing and reduction of inequalities, the realization of which is envisaged through targeted policies and interventions grouped into five interconnected and integrated axes of development. They are innovative and intelligent Bulgaria; green and sustainable Bulgaria; connected and integrated Bulgaria; responsive and fair Bulgaria; spiritual and vibrant Bulgaria. To achieve the government's intentions, the action plan presents the operational strategy for the 13 national priorities presented in the document.
The national program is a framework strategic document of the highest order in the hierarchy of national program documents. It defines the vision and general objectives of development policies in all sectors of public administration, including their territorial dimensions.
28.09.2022
SMALL BUSINESS IS ON THE EDGE OF SURVIVAL
Analysis of the specialist
Millions of small and medium-sized businesses in the European Union are wondering how to make ends meet. Rising energy and commodity prices, galloping inflation, shaky supply chains, geopolitical tensions, and more are too much of a challenge for small businesses.
Bulgarian small and medium-sized enterprises also complain that they are on the brink of survival, but some analysts say that their fears are exaggerated and that the danger for them is less than for others in the EU.
It is important to know that small and medium-sized enterprises make up 99% of companies in the Union, provide two thirds of jobs in the private sector and contribute to more than half of the total added value. So Brussels cannot ignore the "backbone of European business", targeting aid primarily to save large companies and handing out cash to households.
Costs are unpredictable
The European Commission intends to amend the temporary framework for state aid in October, allowing for state guarantees while maintaining a level playing field. It is obvious that the community does not currently have many funding options and will rely mainly on the recovery fund. As of August, €100 billion had been paid out to member states, meaning €700 billion is still free and can be used for investment and saving jobs. This does not at all mean that the money in the fund should be wasted on patching holes. It is imperative that some of them be invested in promising business models to help smaller businesses, so that they do not have to be rescued in two months.
Meanwhile, Romanian MEP Niku Stefanuta, from the Renew Europe group, who is the rapporteur on the EU's 2023 budget, has warned that the European coffers are empty. After all, on June 7, the European Commission presented a draft proposal for financing important reforms such as green and digital transition, health care, scientific research and small and medium-sized enterprises with almost 300 billion euros. Those numbers sounded good at the time, but now they are completely inadequate with inflation, high energy prices and border warfare making costs unpredictable.
A week ago, the chairwoman of the commission, Ursula von der Leyen, promised to propose a package of measures to support small and medium-sized enterprises, which includes reducing bureaucracy and better access to the common market. Emphasis will also be placed on family businesses. This is expected to happen in the next month. The measure is a bit late, but the delay can be excused with the pressing issues, such as the rounds of Asia and Africa in search of gas.
The labor market ran out of staff
Small and medium-sized businesses face another serious problem - the lack of personnel. We are talking about people with low qualifications to those with higher education. Businesses everywhere are complaining that they can't find workers and that the labor market is tight to historic levels. Some of them are offering higher wages, and others are looking for staff outside the union, because more than 50% of Eastern European workers who returned to their home countries because of the pandemic no longer want to return.
According to Eurostat, around 193 million Europeans were looking for work in the first quarter of 2022, and around 74.5% of people in the EU aged 20-64 were working. This means that the unemployment rate is lower than ever. It is no coincidence that the French Association of Employers announced that 94% of recruitment companies reported that they often find it difficult to find the right staff, and sometimes any candidates. There is currently a hunger in Western Europe for truck drivers, waiters, airport staff, carers, engineers and IT professionals. Workers are also wanted for construction, tourism and catering.
How is Bulgarian business doing?
A number of Bulgarian manufacturers claim that they are on the verge of bankruptcy. It has been reported that, for example, in the dairy sector, many small businesses are closing due to unaffordable prices. Their problems are understandable, since our biggest trading partners are in Europe, and if there is a recession there, it will inevitably come to us as well.
According to business, the state is not doing enough to support businesses. At the beginning of September, the employers' organizations requested the Cabinet to urgently adopt a decree to continue the compensations for the high electricity prices for October, November and December. Entrepreneurs also warned that the delay of this decision will lead to a severe liquidity crisis for a large part of the companies, which will cause production stops and job cuts in the middle of winter.
However, more and more economists claim that Bulgaria is one of the countries with the most generous compensation for business.
"The business is subsidized so that prices do not rise. If this does not happen, this scheme for state support must be seriously reconsidered," noted economist Lachezar Bogdanov.
Bulgarian companies are somewhat benefited by the fact that our country is a producer of electricity, and one of the biggest factors for inflation at the moment is energy prices.
The good news is that by the end of the year, BGN 735 million will enter the Bulgarian economy from Brussels, which is mainly intended for small and medium-sized enterprises. The other European funds that businesses can rely on is a BGN 30 million program for information and communication companies and cyber security. This will be entirely grant aid for about 1400 companies. A program for investments in photovoltaic plants and batteries with a budget of BGN 200 million is also planned. From next year, the Ministry of Innovation and Growth will have BGN 7 billion for business support under the structural funds of the European Union.
There remains to be control over the distribution and spending of these funds, because Bulgaria has been receiving money from the European funds until now, but the results are known.
28.09.2022
BULGARIA AND ROMANIA AGREED ON DANUBE BRIDGE-3
Bulgaria and Romania agreed on a third bridge over the Danube River. The infrastructural facility will be built near Ruse - Gyurgevo, BTA reports. For this purpose, an agreement will be signed between the two countries. In another document, they will regulate the commitments of the two countries for the implementation of the Fast Danube project and the creation of a joint company to manage the activities of the project. This was agreed upon by the Deputy Prime Ministers of both countries, Hristo Alexiev and Sorin Grindianu, at a meeting in Bucharest.
Deputy Prime Minister Alexiev is in the Romanian capital as the head of the Bulgarian delegation at the Conference of Plenipotentiaries of the International Telecommunication Union at the United Nations.
The two agreements with clear tasks and specific deadlines for the implementation of the various stages will be signed as soon as possible.
Hristo Alexiev and Sorin Grindianu were adamant that the construction of new bridges, the deepening of the Danube, ferry connectivity and improved border crossings should be considered as one common strategic priority with several projects in it.
Deputy Prime Minister Alexiev also raised with his colleague the question of the modernization of the railway section Craiova - Calafat, which is a continuation of the railway line from Danube Bridge 2 in Romanian territory.
In mid-October, the two deputy prime ministers are planning a joint meeting in Brussels, where they will jointly present a project for financing the next phase of Fast Danube and Danube Bridge 3.
Hristo Alexiev and Sorin Grindianu confirmed their desire, in parallel with the agreement reached for Danube Bridge 3, to work on the remaining projects for the construction of bridges between the two countries, according to the signed agreement of 2019.
28.09.2022
HOW CAN A DESTROYED OR LOST NOTARIAL DEED BE RESTORED?
The Civil Procedure Code stipulates that notarial deeds for the transfer of ownership or for the establishment of a real right to immovable property and for the certification of ownership rights to property shall be issued by the notary in whose district the property is located. Entries, markings and deletions for property are carried out by order of the registration judge from the registration office in whose district the property is located. Acts subject to entry, marking and erasure are submitted in two or more identical copies, it is also written in the Civil Procedure Code.
In the code, there is a special chapter entitled "Notarial proceedings", which also specifies the general rules for starting notarial proceedings, who are the parties to it, the place and time of certification. This chapter also specifies the special rules to which notarial proceedings are subject. They are related to the form of the notarial deed, how this deed is issued, what is its content. Thus, it becomes clear here that the form must necessarily be written, that notarial acts are arranged in a special way, order and in special books, etc.
However, all these rules are related to the issuance of a notarial deed under a normal procedure. When such a document is lost, destroyed or damaged, then it is a completely different procedure.
It is important to know that the original notarial deed of ownership or other real rights is something very important and it should be kept very well, because losing it can lead to serious problems and even attempts at abuse. If it still happens that the document disappears, certain actions must be taken to restore it, to remove a duplicate.
The right to do this rests with the owner, and if he is deceased, the heirs can do so. However, they may request this by submitting a certificate of heirs.
A duplicate of a notarial deed can be issued in any division of the property registry at the Registration Agency at the location of the property. The lot of the property with all the documents is stored there and where there is a signed and stamped copy of the document. For a property in Sofia, you must go to the headquarters of the Registration Agency. And there you have to go to the property register and submit an application.
If the property was the subject of some disposition - for example, a sale and purchase, and this happened after October 1, 1998 with a private notary, a duplicate of the notarial deed can be issued by the relevant notary, from his notary's office.
This is the date after which the fully public notary became fully private. However, if the issuance was before that or one does not know exactly who was the notary who issued his lost notarial deed, the procedure is definitely through the Registration Agency.
The agency itself has indicated on its website that the transcript is a certified or non-certified copy of the acts that are kept by the relevant Registry Office. Uncertified transcripts, which may also be called copies, can be requested by anyone. They are given immediately. Certified transcripts are issued only to the parties to the deed, their successors or representatives by law or by authorization.
Transcripts are issued based on a written request from the person. A fee is also collected for certifying the authenticity of transcripts and extracts from documents and papers kept at the Registry Office. Transcripts can also be requested to be retrieved electronically through the single portal of the Registration Agency.
27.09.2022
HOW CAN A HOME BECOME AN OFFICE?
It is necessary to know that according to the Law on the Planning of the Territory, a property can become an office only if strict requirements are met. Even more so when it comes to the conversion of a residential property, regardless of whether it is being converted into an office, shop, studio, doctor's or dentist's office.
There is no doubt that it is much easier and painless to convert premises in residential buildings into offices and shops in newly constructed buildings. Such premises are included in the architectural and structural plans from the very beginning. For some of them, changes are made in advance in order to meet the requirements - grocery stores, pharmacies, dental offices, etc., in advance pass through the control of the sanitary and hygienic authorities and fire protection, etc. For them, the Law on the Planning of the Territory determines that "objects for business and service activities in a newly constructed residential building are planned in the underground, semi-underground and first floors, if separate entrances to them are provided and they comply with the sanitary and hygienic, fire protection and other technical requirements".
Much more often, however, in already built residential buildings, apartments are rebuilt in such objects. In this case, it is necessary to follow the rules so as not to lead to problems in the construction of buildings, to conflicts between floor co-owners, to violation of architectural plans, etc.
According to the Law on the Planning of the Territory "in an existing residential building with a condominium regime, it is allowed to renovate and change the purpose of a living space or an independent dwelling into a cabinet for health needs, for an office or for a studio for individual creative activity, related to access to outsiders in the building if the objects are located on the first floor". Mandatory, this reconstruction must comply with sanitary and hygienic, fire protection and other technical requirements. According to the law, "express written notarized consent of all owners - immediate neighbors of the objects" is also required.
As an exception, it may be allowed to place the specified objects on other above-ground floors, says the Law on the Planning of the Territory. Another issue is that in quite a few residential buildings this is not an exception at all, but a rule. Especially in the central parts of the cities.
It should be noted that there must be projects for the redevelopments. According to the Law on the organization of the territory, they "must be presented with a motivated opinion of a construction engineer with full design legal capacity, proving that the loads are not increased, structural elements are not affected and the load-bearing capacity, stability and durability of the building's structure are not reduced" . And when changes are required in the structure or the loads are increased, a structural part of the project is also presented.
According to the current Condominium Management Law, an owner, user or resident who exercises a profession or carries out an activity in a separate object of the condominium, related to access by outsiders, pays the costs of management and maintenance of the common areas in the amount of three to five times the amount , determined by decision of the general assembly of the condominium.
26.09.2022
HOW IS THE LIQUIDATION OF A COMPANY CARRIED OUT?
A company can be dissolved for many different reasons. This can happen, for example, when it is declared bankrupt. Or by court decision in cases strictly defined by law. Termination can also be on different grounds, depending on the type of commercial company. For example, a limited liability company (LLC) can be dissolved due to the expiration of the partnership agreement, by a decision of the partners, taken by a majority of 3/4 of the capital, in the case of mergers and acquisitions. A one-person limited liability company is terminated by the death of an individual, if he owns the capital, unless the heirs wish to continue the activity. A joint-stock company is terminated by a decision of the general meeting, by a court decision, if it does illegal things, if the net value of the company's property falls below the amount of the registered capital, etc.
And here it is important to note that after the termination of the relevant company, it must be liquidated.
According to the Commercial Law, the term in which the liquidation must be completed is determined by the general meeting of the limited liability company and the joint-stock company, and for other commercial companies - by a unanimous decision of the unlimited partners. Such a term is also determined by the registration official at the Registration Agency when he appoints liquidators. If necessary, the specified period can be extended. The liquidators are entered in the commercial register, where notarized consents with samples of their signatures are presented. They bear the same responsibility for their liquidation activities as managers and other executive bodies of commercial companies.
The liquidators are obliged, by announcing the dissolution of the company, to invite its creditors to present their claims. The invitation is sent in writing to the known creditors and announced in the commercial register. The liquidators are obliged to notify the National Revenue Agency about the started liquidation.
Commercial law also obliges them to complete ongoing transactions, collect receivables, convert remaining assets into cash, and satisfy creditors. They can enter into new transactions only if this is required by the liquidation.
The liquidators may, in agreement with the partners, respectively with the shareholders and creditors, transfer to them separate objects from the liquidation property, if this does not damage the rights of the other partners and creditors. The Commercial Law expressly states that the liquidator must exercise his powers with the care of a good merchant.
It is important to note that they represent the company and have the rights and duties of its executive body. They draw up a balance sheet at the time of dissolution of the company and a report that explains the balance sheet. At the end of each year, they perform an annual closing and submit an annual financial statement and an annual report on their activities to the governing body. The governing body decides on the acceptance of the opening balance sheet, the annual closing and the discharge of liability of the liquidators.
The property that remains after satisfying the creditors is distributed among the partners, respectively among the shareholders. However, this distribution takes place only if six months have passed since the day on which the invitation to creditors was announced in the commercial register. The management body of the company may, after the creditors are satisfied, write off the claims of the company that are uncollectible. The decision is taken by a simple majority.
When all debts are settled and the rest of the property is distributed, the liquidators ask for the company to be wound up. If it is later found that further action is necessary for the liquidation, the registration officer at the Registration Agency shall, at the request of the interested party, appoint the previous or other liquidators.
23.09.2022
ROMANIA'S DIGITAL ECONOMY COULD GROW 3.5 TIMES AND REACH APPROXIMATELY €52 BILLION IN 2030 (REPORT)
Romania's digital economy could grow 3.5 times to an estimated 52 billion euros in 2030, compared to 14.8 billion euros last year, according to the "Digital Challengers on the Next Frontier" report by McKinsey & Company.
Romania is currently the third market as a digital economy among the ten countries of the "Digital Contenders" ranking, after Poland (€44 billion) and the Czech Republic (€18 billion). In this context, the value is distributed between digital commerce (€9.8 billion), IT&C spending (€3.5 billion) and offline spending on digital products - €1.6 billion.
According to the cited source, digital commerce makes up 66 percent of Romania's digital economy, and IT&C could become a major driver of growth by 2030.
With an estimated value of €52 billion in 2030, Romania's digital economy could account for approximately 9.6 percent of GDP, given that in 2021 digital trade per capita was €506, which is below the average for the region.
The specialized report shows that Romania's digital economy is estimated at 14.8 billion euros in 2021 (approximately 6 percent of GDP), while IT&C investments register an annual increase of 8 percent in the period 2017 - 2021, up to 3 .5 billion euros.
The development of the digital economy can also be seen in terms of small and medium-sized enterprises selling online, with their percentage increasing from 7 percent in 2017 to 17 percent in 2021.
During the reference period, Romania was the second largest digital commerce market in Central and Eastern Europe, amounting to EUR 9.8 billion. However, the average per capita spend on e-commerce and its penetration rate are among the lowest in the region.
Regarding the degree of coverage, the digital segment in Romania represents only 14 percent of the total retail market (€68.9 billion), and the rest is represented by offline trade (€59.1 billion).
Currently, the largest e-commerce categories in Romania are: home and electronic products (39 percent of digital commerce), transport services (31 percent) and the fashion segment (14 percent). On the other hand, during the pandemic, the category with the greatest growth was that of food products, worth €389 million, up from €123 million in 2019.
23.09.2022
HOW ARE THINGS WITH THE STATUTE OF LIMITATIONS FOR ADMINISTRATIVE VIOLATIONS AND PENALTIES?
The general rules for administrative violations and penalties, the procedure for establishing administrative violations and for imposing and executing administrative penalties, including the statute of limitations, are determined by a special law. It is about the Law on Administrative Violations and Penalties.
This normative act orders that an administrative violation is an act (action or inaction) that violates the established order of state administration, is committed culpably and is declared punishable by an administrative penalty imposed by administrative order.
And if the violations are defined in different codes or laws - for example, the one on road traffic, on customs, on health and many others, then what exactly are the administrative penalties is determined in the Law on Administrative Violations and Penalties.
It states that public reprimand, fine, temporary deprivation of the right to exercise a certain profession or activity can be provided for and imposed as administrative penalties for administrative violations. For an administrative violation committed repeatedly or systematically, a penalty of unpaid work for the benefit of society may be provided, which may be imposed independently or simultaneously with another of the above-mentioned penalties.
The public reprimand for the offense committed is a public reprimand of the offender before the labor collective where he works or before the organization of which he is a member. A fine, on the other hand, is a punishment that is expressed in the payment of a certain amount of money. In relation to minors, the administrative penalty of a fine is replaced by a public reprimand.
Deprivation of the right to practice a certain profession or activity is expressed in a temporary prohibition for the offender to practice a profession or activity in connection with which he committed the violation. The duration of this punishment cannot be less than one month and more than two years, and for violations related to traffic safety for all types of transport, committed after the use of alcohol, narcotic substances or their analogues - up to five years.
Unremunerated labor is labor performed for the benefit of society without prejudice to other rights of punishment. The duration of the unpaid community service penalty cannot be less than 40 hours and more than 200 hours per year for no more than two consecutive years.
As for the statute of limitations for administrative penalties, the Law on Administrative Offenses and Penalties expressly states that it is not enforced if two years have passed when the penalty imposed is a fine. The statute of limitations is six months when the imposed punishment is a temporary deprivation of the right to exercise a certain profession or activity or gratuitous work for the benefit of society, and three months when the imposed punishment is a public censure.
The statute of limitations begins to run from the entry into force of the act by which the punishment was imposed, and is interrupted by any action of the competent authorities taken against the punishments for the execution of the punishment. After the completion of the action that interrupted the statute of limitations, a new statute of limitations begins to run.
There is also an absolute statute of limitations. The Law on Administrative Violations and Penalties states that regardless of the suspension or interruption of the statute of limitations, the administrative penalty shall not be enforced if a term that exceeds by one second the already specified terms has expired. This means that, for example, in the case of a fine, the absolute statute of limitations is 3 years.
An arrangement has been made. According to it, the provision on the absolute prescription does not apply to the fine, when enforcement proceedings have been initiated for its collection within the two years.
23.09.2022
PENALTIES FOR LATE WORK
In Art. 187 of the Labor Code (LC) stipulates that violations of labor discipline are:
According to Art. 188 of the LC, disciplinary punishments are reprimand, warning for dismissal and dismissal. According to Art. 189, para. 1 of the LC, when determining the disciplinary penalty, the employer should take into account the severity of the violation, the circumstances in which it was committed, as well as the behavior of the worker or employee. Before imposing the disciplinary penalty, the employer is obliged to listen to the worker or employee or to accept his written explanations and to collect and evaluate the indicated evidence (Article 193, Paragraph 1 of the LC). When the employer has not previously heard the worker or employee or has not accepted his written explanations, the court cancels the disciplinary penalty without examining the dispute on its merits - para. 2 of Art. 193 of the LC. In para. 3 of Art. 193 of the LC states that the provisions of the previous paragraph do not apply when the worker's or employee's explanations were not heard or were given due to his fault.
Disciplinary punishment is considered imposed from the day the order is delivered to the worker or employee or from the day it is received, when it is sent by registered letter with return receipt.
21.09.2022
HOW MANY DAYS OF VACATION DO I HAVE IF I WORK IN TWO PLACES?
In Art. 355, paragraph 1 of the Labor Code provides that the length of service is calculated in days, months and years. 1 day of work experience is recognized as the time during which the worker or employee has worked at least half of the legally established working hours for the day under one or more employment relationships. For 1 month of work experience, the calendar month in which at least 21 days of a five-day work week are worked is considered - para. 3 of Art. 355 of the Labor Code. According to Art. 111 of the Labor Code, the worker or the employee may enter into employment contracts with other employers to perform work outside the working hours established for him under the main employment relationship (external compatibility), unless otherwise agreed in his individual employment contract under the main employment relationship.
When a worker or an employee works under an employment contract for additional work with the same or another employer under Art. 110 or art. 111 of the Labor Code, he has the right to paid annual leave under the employment contract for additional work - in this case under both employment contracts. The calculation of the paid annual leave under the contract for additional work is carried out according to the general procedure, and the time that would eventually be recognized as work experience is calculated and accrued by hours, days and months.
According to Art. 23, para. 2 of the Ordinance on working hours, breaks and vacations, the worker and the employee who works part of the statutory working time (part-time) has the right to paid annual leave in proportion to the time that is recognized as work experience. The amount of paid annual leave, which is used on working days according to the calendar, is determined on the basis of the work experience recognized in the order indicated above.
According to Art. 155, para. 4 of the Labor Code, the amount of basic paid annual leave is not less than 20 working days. Under the basic employment contract for the calendar year, you are entitled to paid annual leave of no less than 20 working days. Under the employment contract for additional work, you have the right to paid annual leave in proportion to the time you are credited with working experience - in this case until the termination of the employment contract.
Upon termination of the employment relationship, the employer owes compensation for unused paid annual leave under Art. 224 of the Criminal Code, the right to which has not been extinguished by statute of limitations. The exact calculations are made by the employer.
