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LAW OF THE LEGAL SUPPORT

In force from 01.01. 2006

 Prom. SG. 79/4 Oct 2005, amend. SG. 105/29 Dec 2005, amend. SG. 17/24 Feb 2006, amend. SG. 30/11 Apr 2006

Chapter one.

GENERAL PROVISIONS

Art. 1. This law shall settle the legal support in penal, civil and administrative cases before all court institutions.

Art. 2. The legal support under this law shall be performed by attorneys-at- law and shall be funded by the State.

Art. 3. The purpose of the law shall be to guarantee equal access to the jurisdiction for the persons by ensuring and providing effective legal support.

Art. 4. Funds for the legal support shall be provided from the state budget.

Art. 5. The legal support shall be provided to natural persons on the grounds as enlisted in this and in other laws.

Chapter two.

BODIES OF LEGAL SUPPORT

Art. 6. (1) The Minister of Justice shall develop, co- ordinate and conduct the State policy in the field of legal support.

(2) The legal support shall be organised by the National Bureau of Legal Support (NBLS) and the attorney councils.

(3) The National Bureau of Legal Support shall be an independent state body – legal person, funded from the budget – a secondary administrator of budgetary credits, to the Minister of Justice, and shall have its seat in Sofia.

(4) The National Bureau of Legal Support shall have a separate budget, which shall be constituted, executed, finalized and reported by it. The revenue and the expenditure parts of the NBLS budget shall be constituted following the classification of the revenues and expenditures of the state budget.

Art. 7. (1) The National Bureau of Legal Support shall be assisted by administration.

(2) The organization and work of NBLS, its structure, body and functions of the separate units of its administration shall be defined by regulations, which shall be adopted by the Council of Ministers.

Art. 8. The National Bureau of Legal Support shall:

1. perform general and methodical management of the activity on providing legal support;

2. work out draft of budget for legal support;

3. have at their disposal the funds of the budget for legal support;

4. organise keeping of the National Register of Legal Support;

5. pay the provided legal support;

6. perform the control over providing the legal support;

7. prepare bills and other normative acts in the field of the legal support, which shall be tabled in the Council of Ministers by the Chairperson of the NBLS;

8. analyse the information needed for the adequate planning and management of the system of legal support;

9. promote the system of legal support;

10. adopt a decision for recovery of the made expenses in the cases of Art. 27, Para 3;

11. approve the forms under this law;

12. perform the international legal co-operation in the field of the legal support.

Art. 9. (1) The National Bureau of Legal Support shall be a body which shall hear and decide the matters within its competence in sessions.

(2) The decisions of the NBLS shall be adopted with a common majority of the total number of its members.

Art. 10. (1) The National Bureau of Legal Support shall be governed by a Chairperson.

(2) In his/her activity the Chairperson shall be assisted by a deputy – chairperson.

Art. 11. (1) The National Bureau of Legal Support shall consist of five members – Chairperson, Deputy – Chairperson and three Members.

(2) The Chairperson and the Deputy – Chairperson of the NBLS shall be appointed and dismissed by order of the Prime Minister on the ground of a decision of the Council of Ministers. The proposal to the Council of Ministers shall be made by the Minister of Justice.

(3) The rest three Members of NBLS shall be elected by the Supreme Attorney Council.

Art. 12. The Members of the NBLS shall be appointed, respectively elected for a three years term. They may be re-appointed or re-elected for the same term.

Art. 13. Member of NBLS may be a Bulgarian citizen, who:

1. has a graduate legal education and legal capacity;

2. has judicial practice not less than 5 years;

3. has not been sentenced to imprisonment for malicious crimes of general nature, not depending on if he/she was rehabilitated ;

4. is not a sole entrepreneur, manager, authorized representative or a member of managing or controlling body of a trade company or co-operation.

Art. 14. (1) The mandate of a Member of NBLS shall be terminated before the term :

1. upon his/her request;

2. in event of gross or systematic offence of this law;

3. whereas is sentenced with entered in force sentence to imprisonment for a malicious crime of general nature;

4. in case of inability to perform his/her obligations for a period longer than 6 months;

5. in event of he/she is put under judicial disability;

6. in event of death.

(2) In the cases under Para 1 the Prime Minister or the Chairperson of the Supreme Attorney Council shall table a proposal for a before-term termination of the mandate.

(3) The Council of Ministers or the Supreme Attorney Council shall pronounce within one month period decision about the dismissal, respectively about the appointment of a new member.

(4) The new Member of the NBLS shall end the mandate of the dismissed Member.

Art. 15. (1) The Chairperson and the Deputy-Chairperson shall perform their activity under labour legal relationship and may not take another position under employment or official-service legal relationship.

(2) The remunerations of the Chairperson and of the Deputy- Chairperson shall be determined as follows:

1. for the Chairperson- three average month remunerations of the employed under labour or official-service legal relationship persons in the public sector, as per data by the National Statistics Institute;

2. for the Deputy – Chairperson – 90 per cent of the remuneration of the Chairperson under item 1.

Art. 16. The members of the BNLS shall receive remuneration for a participation in a session, equal to 50 per cent of the minimal month remuneration for the country.

Art. 17. The Chairperson of NBLS shall:

1. organise and manage the activity of the NBLS in accordance with this law, the regulations under Art. 7, Para 2 and the adopted by the NBLS decisions;

2. be in charge for the performance of the powers of the NBLS;

3. represent the NBLS before third persons;

4. appoint and dismiss the state officers, conclude and terminate the labour contracts with the employees of the administration of NBLS who are under labour legal relationships.

5. table the acts under Art. 8, item 7 at the Council of Ministers, Supreme Attorney Council and the Supreme Judicial Council;

6. submit annual report before the Council of Ministers, the Supreme Attorney Council and the Supreme Judicial Council about the activity of the NBLS;

7. perform in person or through empowered by him/her persons checks over the execution of this law.

8. issue orders within the frames of the assigned to him/her powers.

Art. 18. The Attorney Councils shall arrange providing of legal support in the respective court region, and:

1. shall work out position on the applications for inscribing in the National Register of Legal Support of the attorneys from the staff.

2. shall prepare and maintain list of attorneys on duty;

3. as per Art. 25, Para 4 and 5 shall appoint an attorney from the staff, inscribed in the National Register of Legal Support for the performance of the legal support, taking in consideration the professional experience and qualification of the attorney and the type, the factual and legal intricacy of the case, other appointments under this law and the degree of his/her burden.

4. perform control over the providing of legal support by the attorneys from the staff.

5. certify the reports of the attorney who had provided legal support, and shall prepare proposal to pay remuneration within the frames of the determined amounts under the ordinance of Art. 37.

Art. 19. For the performed activity of administration of the legal support the Attorney Councils shall receive remuneration from the budget of NBLS.

Art. 20. (1) The National Bureau of Legal Support shall interact with the Supreme Attorney Council , with the attorney councils, with the bodies of the judicial power and the pre-trial bodies and with the Ministry of Justice in connection with legal support providing.

(2) When executing powers, NBLS may require oral and written information related with legal support providing from the attorney, the attorney councils, the bodies of the judicial power and of the pre-trial and from the bodies of social support, which are obliged to provide immediately and free-of- charge the needed information.

(3) (amend. - SG 105/05, in force from 01.01.2006) Upon executing powers under this law, the body under Art. 25, Para 1 may require information from NBLS, the attorneys councils, the revenue bodies, the bodies of the National Insurance Institute and of the social support, the directorates "Labour Bureau" and from other state and municipal bodies, which shall be obliged to provide the required information.

Chapter three.

TYPE AND SCOPE OF THE LEGAL SUPPORT

Art. 21. The types of the legal support shall be:

1. consultation with the purpose to achieve a settlement before initiation of court procedures or filing a case;

2. preparation of documents for filing a case;

3. litigation;

4. (amend. - SG 17/06, in force from 01.05.2006) litigation in event of detainment under Art.63. Para 1 of the Law of the Ministry of Interior.

Art. 22. (1) The legal support under Art. 21, item 1 and 2 shall be provided to the persons under the conditions for receiving social support under the Regulations of Application of the Law of Social Support and to the persons lodged in specialized institutions of providing social support.

(2) The legal support under Art. 21, item 1 and 2 shall be also provided to adopting family or to family or relatives or close persons, where a child is lodged under the order of the Law of Protection of the Child.

(3) The circumstances under Para 1 and 2 shall be certified with the order of the Director of the Directorate "Social Support", respectively with the court decision for the lodging of the child. In event that the person has not exercised his/her right of monthly social support under the Regulations of Application of the Law of Social Support, the person shall submit to the NBLS a certificate, issued by the director of the Directorate "Social Support" that he/she meets the requirements to receive monthly social support.

Art. 23. (1) The system of legal support under Art. 21, item 1 shall cover the cases, whereas ex lege is provided obligatory attorney defence or representation.

(2) The system of legal support shall cover also the cases whereas the suspected, accused, charged, the defended or the party in a penal, civil or administrative case has not funds to pay attorney, whish to have attorney and the interests of the jurisdiction require so.

(3) For penal cases the assessment that the suspected, the accused, the charged or the defendant have no funds to pay attorney fee shall be done by the body which governs the proceedings actions, on the base of the found property status of the person for the concrete case.

(4) For civil and administrative cases legal support shall be provided in the cases, whereas on the base of submitted evidences from the respective competent bodies, the court shall assess that the party has no funds to pay attorney fee. The court shall form assessment, taking in view:

1. the incomes of the person or the family;

2. the property status, certified by affidavit;

3. the family status;

4. the health status;

5. employment status;

6. the age, and

7. other found circumstances.

Art. 24. Legal support under Art. 21, item 1, 2 and 3 shall not be provided:

1. whereas the legal support providing is not reasoned from the point of view of the benefit, which it could bring to the person, applying for legal support;

2. whereas the claim is obviously groundless, not grounded or inadmissible;

3. (amend. - SG 105/05, in force from 01.01.2006) in trade cases and fiscal cases under theTax-insurance Procedure Code.

Chapter four.

ACCESS TO THE SYSTEM OF LEGAL SUPPORT

Art. 25. (1) In the cases under Art. 21, item 3 and 4 the decision for legal support providing shall be taken by the body which governs the proceedings actions, upon application of the interested person or ex lege. The refusal to provide legal support shall be reasoned.

(2) (amend. - SG 30/06, in force from 12.07.2006) In the cases under Art. 21, item 1 and 2 the decision for providing legal support shall be taken by the Chairperson of NBLS within 14-days period from the submission of the order, the court decision or the certificate under Art. 22, Para 3. The refusal shall be subject to appeal under the Administrative procedure code.

(3) The act of legal support providing shall be issued in written form and shall contain:

1. the name of the act;

2. the name of the issuing body;

3, factual and legal grounds for the issuance of the act;

4. the person to which the legal support shall be provided;

5. the type of the legal support, and in the cases under Art. 21, item 3 – also the case for which it shall be provided;

6. way of appealing the act;

7. date of issuance, position and signature of the person who issued the act.

(4) The act of providing legal support shall be sent immediately to the respective attorney council to nominate attorney from the National Register of Legal Support.

(5) Whereas possible, the attorney council shall nominate attorney as nominated by the person to which the legal support shall be provided;

Art. 26. (1) The attorney council shall notify the body under Art. 25, Para 1 or 2 about the nominated attorney.

(2) The body under Art. 25, Para 1 or 2 shall appoint the nominated attorney for a trustee, defender or a special representative before the all court instances, except objection against this exists.

(3) The appointed attorney may grant powers to another attorney from the National Register of Legal Support.

(4) In extraordinary cases, whereas qualified attorney support cannot be provided on the respective case, the attorney council may nominate an attorney from another court region with the consent of the attorney.

(5) The appointed trustee, defendant or special representative may be substituted upon request of the body under Art. 25, Para 1 or 2 following the order under which he/she has been appointed.

Art. 27. (1) The person to which legal support is provided, shall be obliged to notify immediately the body under Art. 25, Para 1 or 2 about changes in the circumstances on which the support providing is grounded.

(2) The body which has taken the decision to provide legal support may terminate it from the moment of occurrence of the change. A copy of the act shall be sent immediately to the NBLS.

(3) (amend. - SG 105/05, in force from 01.01.2006) In event that the person does not inform in time about the change in circumstances under Para 1, on the ground of a decision under Art. 8, Para 10 the person shall recover to NBLS the made from the moment of change expenses. The receivables shall be collected under the order of theTax-insurance Procedure Code.

Chapter five.

ATTORNEYS ON DUTY

Art. 28. (1) In urgent cases in proceedings of enforcement measures and interrogation before a judge in pre-trial procedures, the secretary of the attorney council shall nominate attorney on duty of the accused, the charged or the suspected if he/she did not empowered himself a defendant.

(2) (amend. - SG 17/06, in force from 01.05.2006) Attorney on duty shall be nominated under the order of Para 1 also for the detained person in the cases under Art. 63, Para 1 of the Law of the Ministry of Interior, whereas he/she cannot empower attorney by him/herself .

Art. 29. (1) For attorney on duty shall be nominated attorney from the National Register of Legal Support, who has given consent to be included in the list of the attorneys on duty.

(2) The consent under Para 1 may not be for a shorter period than one month and shall express the readiness of the attorney to be nominated for attorney on duty at any time 24 hours.

(3) The attorney council shall maintain list of the attorneys on duty.

Art. 30. (1) The request for nomination of attorney on duty in the cases of Art. 28, Para 1 shall be made by the body which governs the proceedings actions, from the attorney council – in writing or by phone not later than three hours before the appointed hour for the respective proceedings.

(2) The body under Art. 25, Para 1 shall immediately after the detention clarify to the detained person the right of attorney on duty and shall notify the attorney council about the necessity of appointment of attorney defence. The selected from the list attorney shall immediately start execution of his/her obligations of legal support.

(3) The obligations under Para 2 shall be executed by handing over against signature to the detained a copy of a form, containing his/her right of empowered attorney or attorney on duty from the moment of the detainment.

(4) The attorney on duty shall continue performance of legal support at all stages of the proceedings.

Chapter six.

NATIONAL REGISTER OF LEGAL SUPPORT

Art. 31. The National Bureau of Legal Support shall maintain National Register of Legal Support of the attorneys, nominated to provide legal support in accordance with the court regions of the respective district courts.

Art. 32. (1) The register shall be public. It shall be constituted on a paper and on electronic carrier and shall be publicized on the Internet.

(2) The National Bureau of Legal Support shall provide to the attorneys councils information regarding the inscribed in the register under Art. 31 attorneys.

Art. 33. (1) For registration in the National Register of Legal Support the applicant shall submit application to the NBLS through the respective attorney council.

(2) The application under Para 1 shall be fulfilled under a form, approved by the NBLS.

(3) The attorney council shall work out a statement on the received application and shall send it to the NBLS.

(4) The inscribing of the attorney in the National Register of Legal Support shall be done under a decision of the NBLS.

(5) The National Bureau of Legal Support shall reasonably refuse to inscribe the attorney in the register or delete an inscribed attorney in the cases of:

1. imposed disciplinary punishment;

2. brought accusation in a crime of general nature;

3. found breach under this law or bad quality of the provided legal support, found by the attorneys council or by the NBLS.

(6) The deletion shall be imposed by NBLS for a period of one year, and in event of repeat – for a three years period.

(7) (amend. - SG 30/06, in force from 12.07.2006) The refusal by NBLS to inscribe, as well as the deletion of attorney in the National Bureau of Legal Support shall be subject to appeal under the Administrative procedure code.

(8) The deletion shall be announced on the Internet page of the NBLS.

Art. 34. (1) The update of the National Register of Legal Support for the next calendar year shall be made till the end of September of the previous calendar year.

(2) In extraordinary cases changes in the National Register of Legal Support may be done during the year under the established order for inscribing.

Art. 35. (1) The National Bureau of Legal Support may execute checks of the provided support under Art. 21. It may require reference from the respective body, which governs the proceedings, to certify the volume and the type of the provided legal support.

(2) For hearing if breaches committed by performing legal support attorneys, the client, the defendant or the bodies under Art. 25, Para 1 may approach the NBLS.

(3) The findings from the checks may constitute a ground to delete the attorney from the National Register of Legal Support.

Art. 36. (1) The attorneys council shall compile and maintain a list of the appointed to perform legal support attorneys on a paper or on electronic carrier, which list shall be sent periodically to the NBLS. For each change of the appointment the attorney council shall notify the NBLS.

(2) The list shall be compiled following a form, approved by the NBLS and shall be publicized on the Internet page of the NBLS.

Chapter seven.

PAYMENT OF THE LEGAL SUPPORT

Art. 37. (1) The payment of the legal support accordingly to the type and quantity of the performed activity shall be determined by an ordinance of the Council of Ministers upon proposal of the NBLS.

(2) For a carelessly or incompetently preformed legal support, not depending on other sanctions, the attorney shall not receive remuneration for the concrete case.

Art. 38. (1) The type and the quantity of the performed activity shall be certified by a written report by the attorney, following a form as approved by the NBLS.

(2) The attorney council shall check and certify the report of the attorney, who has provided legal support, and shall offer amount of the remuneration accordingly to the type, quantity an the quality of the provided legal support within the frames of the ordinance under Art. 37.

(3) The funds for needed expenses for the defence whereas visiting the places for imprisonment or for detainment in other settlement place shall be recovered to the appointed attorney.

Art. 39. The payment of the provided legal support shall be disbursed by NBLS by bank payment on the grounds of the report under Art. 38.

Art. 40. The attorney, who performs legal support, shall have no right to receive from the client or defendant remuneration or funds for coverage of the expenses.

Chapter eight.

PECULARITIES OF LEAGL SUPPORT PROVIDING IN INTERNATIONAL DISPUTES

(*)

Art. 41. (1) The provisions of this chapter shall be applied in providing of legal support in international disputes upon civil and trade cases before all court instances. They shall not refer to penal and administrative cases.

(2) International dispute in the meaning of Para 1 shall be a dispute, in which the applying for legal support party is a citizen of a Member State of the European Union, or a person legally staying in a Member State of the European Union, and the dispute shall be settled by a competent body of another Member State of the European Union.

(3) The provisions of this law shall be applied for providing of legal support in international disputes, as far as special provisions are not stipulated in this chapter.

Art. 42. (1) To the citizens of the European Union or to legally staying persons in a Member State of the European Union legal support shall be provided if their property status does not exceed the social level as established in Art. 22, Para 1.

(2) Whereas the property status of the persons under Para 1 exceeds the social level established in Art. 22, Para 1 but they have no opportunity to pay the expenses covering the case, the NBLS shall assess if the applicant can pay expenses. At the assessment the circumstances under Art. 23, Para 4, as well as the difference in the necessary minimal living funds in the Member State and in Bulgaria, shall be taken in view.

Art. 43. (1) The body of the Republic of Bulgaria which shall accept applications for legal support in international disputes from the competent bodies of the Member States of the European Union, shall be the Ministry of Justice.

Art. 44. (1) The applicant shall have the right to submit application for providing of legal support to the competent body in the Member State of the European Union, where he stays permanently or usually, or directly to the Ministry of Justice of the Republic of Bulgaria – in case that the case shall be heard by a court instance in the Republic of Bulgaria or in case that the court decision shall be executed in the Republic of Bulgaria.

(2) The application for providing legal support and the documents evidencing that the person meets the requirements for legal support providing, submitted at the Ministry of Justice, shall be translated in the Bulgarian language or in another official language of the institutions of the European Communities, which language the Republic of Bulgaria has pointed as acceptable before the European Commission. It is not necessary to legalize the documents.

(3) Upon receiving of application for providing legal support from a competent body of another Member State of the European Union, the Ministry of Justice of the Republic of Bulgaria shall perform a check regarding the set and translation of the documents.

(4) In case that the application does not meet the requirements of this Art., it shall be returned to the sending body of the foreign Member State of the European Union for removal of the found irregularities.

(5) The national Bureau of Legal Support shall send its decision on the application for legal support providing to the Ministry of Justice, which shall forward it to the competent body of the other Member State of the European Union for handing over to the applicant.

(6) (amend. - SG 30/06, in force from 12.07.2006) The refusal to provide legal support shall be reasoned and shall be subject to appeal under the order of the Administrative procedure code.

Art. 45. (1) If the case shall be heard before the court of another Member State of the European Union, or the court decision shall be executed in another Member State of the European Union, the applicant – a Bulgarian citizen, who lives on the territory of the Republic of Bulgaria, a foreign citizen or a person without citizenship, to whom long-term stay on the territory of the Republic of Bulgaria , or a person with granted statute of a refugee or right of asylum on the territory of the Republic of Bulgaria may submit the application together with the documents, evidencing that he/she meets the requirements of legal support providing, directly to the competent body of the respective Member State of the European Union, or through the Ministry of Justice of the Republic of Bulgaria.

(2) The documents under Para 1 shall be translated in the official language or in one of the official languages of the other Member State of the European Union, or in another official language of the institutions of the European Communities, which the state has pointed as acceptable before the European Commission.

(3) The Ministry of Justice of the Republic of Bulgaria shall have the right to refuse to forward the application, in case that it does not meet the requirements of this chapter. In this case the Ministry of Justice of the Republic of Bulgaria shall notify the applicant about the reasons of the refusal.

(4) The Ministry of Justice of the Republic of Bulgaria shall inform the applicant about the documents which are needed for the acceptance of the application for legal support providing in the other Member State of the European Union and shall provide translation of the documents which evidence that the person meet the requirements for legal support providing.

(5) The Ministry of Justice of the Republic of Bulgaria shall be obligated to forward the application together with the documents attached to it to the competent body of the other Member State of the European Union, within 15 days from the day of the translation of the application and the documents.

(6) In case that the competent body of the other Member State of the European Union does not recognize the application for legal support, the applicant shall recover to the Ministry of Justice of the Republic of Bulgaria the expenses made for the translation of the application and of the documents.

Art. 46. The applications under Art. 46 and 45 shall be submitted in standard forms, as adopted by the European Commission.

Art. 47. The Ministry of Justice of the Republic of Bulgaria shall send to the European Commission the following information:

1. the names and the addresses of the competent receiving and forwarding bodies;

2. the channels for receiving the applications;

3. the languages in which the applications may be fulfilled.

Art. 48. The applicant who has obtained legal support in another Member State of the European Union, where the case had been heard, shall have the right of legal support under this law, in case that from the Republic of Bulgaria is required to recognize or to admit for execution the court decision pronounced on the respective case.

Art. 49. (1) The legal support for the persons under Art. 42 shall cover also the following directly connected with the international nature of dispute expenses:

1. for oral translation;

2. for written translation of documents, required by the court or by another competent body;

3. the travel expenses in the cases, where is required obligatory attendance of witnesses at the court session.

(2) The legal support for the persons under Art. 45, Para 1 shall cover the following expenses:

1. for legal support under Art. 21, item 1, which is provided in the Republic of Bulgaria before the moment the application is received in another Member State of the European Union, where the case shall be heard or where the court decision shall be executed;

2. for a written translation of the application for legal support and of the documents, evidencing that the person meets the requirements for legal support providing.

Additional provisions

§ 1. "Systematic offence" in the meaning of this law shall be the commitment of three or more offences.

§ 2. The legal support in civil cases shall include also legal support in subsequent enforcement procedure, which is started within one year term from the court decision enters in force, if no change occurs in the circumstances, which existed during the hearing of the application for legal support.

Transitional and concluding provisions

§ 3. The pending cases for which an official defender or a special representative has been appointed, shall be heard under the conditions and order existing so far.

§ 4. The Council of Ministers shall provide the needed property and funds for the start of activity of the NBLS.

§ 5. In the Civil Procedure Code (prom., SG 12/ 1952; amend., 92/ 1952, 89/ 1953, 90/ 1955, 90/ 1956, 90/ 1958, 50 and 90/ 1961; corr., 99/ 1961.; amend., 1/ 1963, 23/ 1968, 27/1973, 89/ 1976, 36/ 1979, 28/ 1983., 41/ 1985, 27/ 1986, 55/ 1987, 60/ 1988, 31 and 38/ 1989, 31/ 1990, 62/ 1991, 55/ 1992, 61 and 93/ 1993, 87/ 1995, 12, 26, 37, 44 and 104/ 1996, 43, 55 and 124/ 1997, 59, 70 and 73/ 1998, 64 and 103/ 1999, 36, 85 and 92/ 2000, 25/ 2001, 105 and 113/ 2002, 58 and 84/ 2003, 28 and 36/ 2004 ; corr., 38/2005.; amend., 42 and 43/ 2005 ), in Art. 64 shall be created Para 6:

"(6) If the claim of the person who had obtained legal support is recognised, the due fees and paid expenses shall be awarded to the benefit of the National Bureau of Legal Support commensurate to the recognised part of the claim. In case of enforcement decision, the person who had obtained legal support shall owe expenses commensurate to the dismissed part of the claim."

§ 6. In the Attorney Law ( prom., SG 55/2005, amend., 43/05) the following amendments shall be made:

1. Art. 44 shall be amended as follows:

"Art. 44. (1) An attorney, who is inscribed in the National Register of Legal Support, shall be obliged to perform legal support under the Law of the Legal Support, whereas he/she has been appointed for this.

(2) The attorney shall be obliged to pursue the assigned case, on which he/she is obliged to perform legal support under the Law of the Legal Support with the same care as if he has been authorised by the client."

2. In Art. 89, item 15 shall be amended as follows:

"15. participate in the organisation of the legal support under the Law of the Legal Support."

3. In Art, 132, item 6 the words "official defence or special representation" shall be replaced by "legal support"

§ 7. In the Tax Procedure Code (prom., SG 103/ 1999; 29/ 2000 - Decision № 2 of the Constitutional Court of year 2000; amend., 63/ 2000, 109/2001, 45 and 112/ 2002, 42, 112 and 114/ 2003, 36, 38, 53 and 89 / 2004, 19, 39 and 43/ 2005), in Art. 13, Para 2 shall be created item 5:

"5. for the expenses for legal support under the Law of the Legal Support, made after the drop out of the grounds of providing the legal support."

§ 8. The law shall enter in force from 1st of January 2006, except Chapter Eight, which shall enter in force from the date of the Treaty of Accession of the Republic of Bulgaria to the European Union.

§ 9. The execution of the law is assigned to the National Bureau of Legal Support.

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The law was adopted by the XL National Assembly on the 21st of September 2005 and was affixed with the official seal of the National Assembly.

Transitional and concluding provisions

TO THE TAX-INSURANCE PROCEDURE CODE

(PROM. – SG 105/05, IN FORCE FROM 01.01.2006)

 

§ 88. The code shall enter in force from the 1st of January 2006, except Art. 179, Para 3, Art. 183, Para 9, § 10, item 1, letter "e" and item 4, letter "c", § 11, item 1, letter "b" and § 14, item 12 of the transitional and concluding provisions which shall enter in force from the day of promulgation of the code in the State Gazette.

Transitional and concluding provisions

TO THE LAW OF MINISTRY OF INTERIOR

(PROM. – SG 17/06)

 

§ 24. The law shall enter in force from 1st of May 2006.

Transitional and concluding provisions

TO THE ADMINISTRATIVE PROCEDURE CODE

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

 

§ 106. In the Law of the legal support (prom. - SG 79/05; amend. - SG 105/05; 17/06) the words "Law of the administrative procedure" shall be replaced by "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.