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Act Restricting Administrative Regulation and Administrative Control Over Economic Activity

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Act Restricting Administrative Regulation and Administrative Control Over Economic Activity Act Restricting Administrative Regulation and Administrative Control over Economic Activity Promulgated, State Gazette No. 55/17.06.2003, effective 18.12.2003, corrected, SG No. 59/1.07.2003, amended and supplemented, SG No. 107/9.12.2003, SG No. 39/12.05.2004, effective 12.05.2004, amended, SG No. 52/18.06.2004, supplemented, SG No. 31/8.04.2005, effective 8.10.2005, amended and supplemented, SG No. 87/1.11.2005, supplemented, SG No. 24/21.03.2006, SG No. 38/9.05.2006, amended, SG No. 59/21.07.2006, effective as from the date of entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union - 1.01.2007, amended, SG No. 11/2.02.2007, SG No. 41/22.05.2007, supplemented, SG No. 16/15.02.2008, amended, SG No. 23/27.03.2009, effective 1.11.2009, supplemented, SG No. 36/15.05.2009, amended, SG No. 44/12.06.2009, amended and supplemented, SG No. 87/3.11.2009, effective 3.11.2009, amended, SG No. 25/30.03.2010, SG No. 59/31.07.2010, effective 31.07.2010, amended and supplemented, SG No. 73/17.09.2010, effective 17.09.2010, amended, SG No. 77/1.10.2010, amended and supplemented, SG No. 39/20.05.2011, effective 20.05.2011, amended, SG No. 92/22.11.2011, supplemented, SG No. 26/30.03.2012, effective 1.07.2012 Text in Bulgarian: Закон за ограничаване на административното регулиране и административния контрол върху стопанската дейност Chapter One GENERAL DISPOSITIONS Section I (New heading, SG No. 39/2011, effective 20.05.2011) Principles and Purposes of Administrative Regulation and Administrative Control Article 1. (1) This Act regulates the general rules for restriction of administrative regulation and administrative control over economic activity. (2) The purpose of this Act is to facilitate and to encourage the pursuit of economic activity, by means of restricting to socially justified limits the administrative regulation and administrative control exercised over the said activity by the state bodies and by the bodies of local self-government. (3) "Administrative regulation" means the establishment of regulatory requirements, compliance wherewith is ensured through exercise of administrative control. (4) "Administrative control" within the meaning given by this Act shall be the control exercised by administrative authorities through: 1. conducting examinations of records and on site upon commencement and upon pursuit of economic activity, as well as upon the performance of specified transactions and actions by persons who or which pursue or intend to pursue economic activity; 2. issuing a licence or effecting a registration for commencement of economic activity, as well as the refusals to issue a licence or to effect a registration; 3. issuing and refusing authorizations and certificates for performance of a specified transaction or action by persons who or which pursue or intend to pursue economic activity; 4. applying coercive administrative measures and proceeding with proceedings for imposition of administrative sanctions. (5) (New, SG No. 39/2011, effective 20.05.2011) Upon the implementation of administrative regulation and administrative control, all persons who or which pursue or intend to pursue economic activity shall enjoy non-discriminatory treatment regardless of the form of ownership, the legal form or the nationality thereof. Article 2. (1) (Redesignated from Article 2, SG No. 39/2011, effective 20.05.2011) The state bodies and the bodies of local self-government shall implement administrative regulation and administrative control over economic activity for the purpose of protection of: 1. national security and public order in the Republic of Bulgaria, as well as of exclusive and sovereign rights of the State within the meaning given by Article 18 (1) to (4) of the Constitution of the Republic of Bulgaria; 2. the personal and property rights of citizens and legal persons; 3. the environment. (2) (New, SG No. 39/2011, effective 20.05.2011) The state bodies and the bodies of local self-government shall implement administrative regulation and administrative control over economic activity in accordance with the principles and purposes of this Act. Article 3. (1) Upon administrative regulation of economic activity, account shall be taken of: 1. the costs incurred by the persons pursuing economic activity as shall be necessary for compliance with the established requirements; 2. the possibilities to exercise effective administrative control and the concomitant costs. (2) Upon administrative regulation and administrative control over economic activity, the state bodies and the bodies of local self-government may not impose requirements, limitations and encumbrances which lead to restriction of competition. (3) Upon administrative regulation and administrative control over economic activity, the state bodies and the bodies of local self-government may not impose limitations and encumbrances which are not necessary for attainment of the purposes of the law. (4) (Amended and supplemented, SG No. 39/2011, effective 20.05.2011) Upon planning and drafting of a bill which provides for the introduction of a scheme within the meaning given by Article 4 (1) herein, the authority who or which has proposed the inclusion of the said bill in the legislative programme of the Council of Ministers or who or which is responsible for the drafting of the said bill shall prepare a reasoned opinion regarding the need of such regulation and, respectively, regarding the possibility to attain the purposes covered under Article 2 herein without introduction of such regulation. (5) (Amended and supplemented, SG No. 39/2011, effective 20.05.2011) Upon the laying before the National Assembly of a bill providing for the introduction of a scheme within the meaning given by Article 4 (1) herein, the sponsor shall present, together with the bill and the reasoning therewith, a reasoned opinion regarding the need of such regulation. (6) The reasoned opinion referred to in Paragraphs (4) and (5) shall contain an economic analysis and an assessment of the impact which the regulating scheme exerts on the regulated economic activity. The said opinion shall be published via the Internet or in another appropriate manner. Article 4. (1) A licence scheme and a registration scheme for pursuit of economic activity, as well as a requirement for the issuing of an authorization and certificate or for notification of the performance of a specified transaction or action, shall be established solely by a law. (2) All requirements as shall be necessary for commencement and for implementation of a given economic activity, as well as for performance of a specified transaction or action, shall be regulated by a law. (3) A statutory instrument of secondary legislation, indicated in a law, may specify the requirements referred to in Paragraph (2), ensuring compliance with Article 3 (3) herein. Section II (New heading, SG No. 39/2011, effective 20.05.2011) Obligations of Administrative Authorities Article 5. (1) (Supplemented, SG No. 39/2011, effective 20.05.2011) Upon exercise of the powers thereof in connection with the regulation and control over economic activity, the administrative authorities shall be obligated: 1. to afford in an appropriate manner constant and unconditional access to all administrative acts and blank forms, as well as to render assistance for completion of documents; 2. to provide comprehensive information regarding the time limits applicable to the relevant proceeding, regarding the fees payable and the methods for determination thereof, as well as to render assistance for completion of documents; 3. to organize the operation thereof in such a manner so as to service interested parties at one place within a single service premise; 4. to ensure business hours suitable for use of the services referred to in Items 1 and 2 by interested parties; 5. (New, SG No. 39/2011, effective 20.05.2011) to ensure a possibility for the provision of the services by electronic means according to the Electronic Governance Act. (2) (Amended SG No. 44/2009) The administrative authority may not require the provision of information or documents which are available to the said the authority or which are available to another authority. The said administrative authority shall procure such information and documents ex officio for the needs of the relevant proceedings. (3) (New, SG No. 39/2011, effective 20.05.2011) In the administrative proceedings referred to in Article 4 (1) herein, the existence or absence of facts and circumstances may be certified by written declarations which the administrative authority shall be obligated to accept. The declarant shall incur criminal liability under Article 313 of the Criminal Code for declaring untrue data in the declaration. An educational qualification degree, professional qualification and health status, as well as other facts and circumstances for the ascertainment of which another procedure is provided for by a law, may not be proved by a declaration. Article 6. (1) The administrative authorities shall promptly announce in public the policy pursued and the practice established in connection with the application of statutory instruments associated with administrative regulation and administrative control over economic activity, as well as the reasoning for revision of the said policy and practice. (2) The policy pursued in connection with the application of the statutory instruments referred to in Paragraph (1) shall include the modalities as the administrative authority shall select and use upon exercise of the operational autonomy thereof for attainment of the purposes of the law. Article 7. (1) An administrative authority may require solely once the elimination of non-conformities and/or the provision of additional information to the application for the issuing of a licence or for effecting of registration, as well as for an authorization to perform a specified transaction or action. (2) (Amended, SG No. 39/2011, effective 20.05.2011) The time limit for the elimination of non-conformities and/or provision of additional information shall be established by a law and may not be shorter than ten days and longer than the time limit establishment for pronouncement.
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