BIA'S STATEMENT ON ART. 3 & 4 OF ZMDVIP
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04.04.2020 г. |
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TO MRS. TSVETA KARAYANCHEVA CHAIRMAN OF THE 44TH NATIONAL ASSEMBLY PEOPLE'S REPRESENTATIVES OF THE 44TH NATIONAL ASSEMBLY
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SUBJECT: |
Bill for amendments and supplements to the Law on Measures and Actions during the State of Emergency, announced by a decision of the National Assembly of 13.03.2020 (LMDA), sign. 54-01-28 of 02.04.2020, submitted by n.p. of PP GERB
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DEAR LADIES AND GENTLEMEN,
The submitted bill proposes amendments to Art. 3 and Art. 4 of ZMDVIP. The extension by one month of the terms, which expire during the state of emergency and are related to the exercise of rights or fulfillment of obligations of private legal entities, is canceled. A new legislative solution is proposed, whereby in case of impossibility to exercise a right or fulfill an obligation of a private entity due to valid reasons, the competent authority may set a new term, which begins after the reasons cease to exist. Circumstances relating to natural persons, including those representing legal persons, are cited as valid reasons.
The proposed approach will lead to casuistry in the treatment of different subjects, hence to a subjective assessment of the body, which may lead to different treatment of persons in identical situations.
In many cases, the inability of a private entity to fulfill its obligations may be due to the inability of the competent authority to fulfill its counter-obligations due to the application of anti-epidemic measures, which may also lead to "valid reasons" for not fulfilling the obligation. This is the case, for example, in the oil and gas trading sector, where control officers need to participate in technical and other inspections as part of the performance procedure.
This situation creates a risk of negative consequences for the debtors, incl. and the imposition of sanctions for non-compliance with obligations that cannot be met due to the need for the involvement of the administrative body - technical and other ongoing inspections, allocation of mandatory fuel stocks, especially in other EU countries and in view of the restrictions imposed there for the fight against COVID 19.
In connection with the above, we propose in §3 of the Bill amending and supplementing the LMVDA to add a new point for the creation of a new paragraph 2 of Article 4 with the following content:
Al. 2. Where the fulfillment of an obligation of a private legal entity is impossible due to the application of anti-epidemic measures interfering with the normal operation of control bodies, the term shall be extended by one month from the termination of the measures.
WITH RESPECT,
RADOSVET RADEV
