Formation of an enforcement case under a public obligation. Initiation of proceedings

A prerequisite is the existence of an unpaid public commitment in due time. The initiation is by the public creditor by sending an application electronically to the public executor from the public creditor regarding the enforceable ground

From 01.01.2016, the process of making public collection receivables from public creditors to the public executor is optimized, instead of sending the actual enforcement grounds, it is envisaged to send only by electronic means an application for execution containing all data for the respective public receivable, the execution of which is sought. The public creditor is responsible for the existence of the public claim and for the reliability of the data contained in the application.

The information contained in the application shall be at least the following:

• the type and amount of the public receivable - principal and interest (if interest-bearing), as well as a date by which interest is charged by the creditor or a date to be charged by the NRA;

• Enforcement title / type, number and date /;

• the date of entry into force of the act concerned, unless enforcement is provided for, regardless of the appeal;

• details of a decision by an administrative and / or judicial authority confirming or amending the enforcement title;

• data for a change in the obligation, through partial payment or offsetting, made up to the moment of sending the application to the NRA;

• Evidence of imposing precautionary measures.

1.2.Public Artist from the Territorial Directorate of the National Revenue Agency.

The file filed in the manner described above is sent to the competent NRA territorial directorate / office (where the liable person is registered - registered office for legal persons and permanent address for natural persons).

The Competent Public Contractor may, if necessary, forward the enforcement action for execution to a delegation of another public executor. These are, for example, the cases where the competent public executor refers to a public performer in another territorial directorate in whose area the real estate of the debtor is situated for the inventory of the property or the movables - machinery, equipment and / or commodity stocks available in this property. In this case, the public executor shall indicate the action and the time limit for the execution. After performing the relevant delegation action, the public executor shall return the enforcement action to the competent public performer.

1.3. Bailiff

Under the Local Taxes and Charges Act, the compulsory collection of public municipal claims is carried out by public contractors or by bailiffs.

Under the Private Enforcement Agents Act, both the State and the authorities competent to establish public claims may entrust their collection to one or more private enforcement agents. The area of action of the private enforcement agent coincides with the area of the respective district court. In the procedure for the execution of the public receivables, the private enforcement agents follow the procedure of the TIPC, according to which "the public receivables are collected under the order of this code, unless otherwise provided by law".

1.4. Formation of the case

Where there are several separate grounds for different public obligations, one enforcement case is initiated, ensuring accountability for the discharge of each of the obligations.

2. STARTING THE EXECUTIVE PROCESS

2.1. Message

Where the obligation is not paid within the time limit, the public enforcement agent shall proceed with execution, and shall be obliged to send the debtor a notice giving him a 7-day period for voluntary execution.

The message shall state:

• the creditor;

• Enforcement Act (enforceable instrument);

• the amount of the debt / principal and interest under the enforceable title and interest accrued /

• the number of the enforcement case

• the bank account number to which the amounts are to be paid

The notice should also include a warning to the debtor that if he fails to meet his obligation within a given period, enforcement will be enforced.

2.2. Imposition of precautionary measures

In cases where precautionary measures are not imposed, enforced enforcement on debtors' claims and on movable and immovable property begins with the attachment of a foreclosure by a decree of the public executor. Suspension and foreclosure are imposed at the same time as the message.

2.3. Imposition of other measures

Other measures aimed at the payment of public debt by the debtor may be imposed if:

• the obligation amounts to over BGN 5,000;

• there is no collateral in the amount of the principal and the interest.

Where such measures are not taken by the relevant authority, the public enforcement agent may notify any authority that, by virtue of regulations, issues licenses or permits to perform certain activities for which certification is required

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Formation of an enforcement case under a public obligation. Initiation of proceedings

Attorney at law Iuila Danova

#3, Dobrotica Str., Varna, Bulgaria

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg