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BEFORE COPY: S T A N O V I S H E ABOUT: Anticipated changes in the legal regulation of registration judges DEAR Mister Mateev, The nationally representative employers' organizations - AIKB, BSK, BTPP and KRIB, united in AOBR, express their disagreement with regard to the proposals in the Preliminary and Final Recommendations of the draft Law on the State Budget, amendments related to the change in the status of judges on registrations, as well as the conversion of the judicial protective proceedings on the entries in the administrative record. Our arguments are as follows: The status, powers and activities of registration judges are regulated in legal acts such as the Code of Civil Procedure, the Law on Judicial Power and the Rules for Registration, which are the main source of civil law and stand high in the hierarchy of legal acts. Written in this way, they are a guarantee of preserving legality and protecting the constitutional interests and rights of citizens related to the inviolability of private property. The acts performed by the recording courts (recordings, markings and erasures, as well as the issuance of written documents) shall be submitted to a notary o domestic production. It would be illogical for the notarial activity, as a stage of this proceeding, to retain its status in the Code of Civil Procedure, and for the practically final phase related to the registration of the notarial acts to be removed from it. This would lead to significant enforcement conflicts. Generally applicable by the Civil Code of Civil Procedure for this type of production, the pedestrian police officer evaluates all the evidence of early escape / art. 12 GΠK/. Because of this, in a separate case, it is exclusively within the competence of the courts of appeals to decide what kind of delay to post, and most of my actions are subject to judicial appeal. Transforming the status of judges to become civil servants fully subordinate to the executive power, performing in practice purely administrative functions, would lead to enormous risks for the protection of the property of citizens and legal entities. We believe that the current state of absorption judges in a much greater degree gap their effective and quality work, performed while respecting the principle of recognition It is primarily an escape, a positive gap in the city of the city. The work of the absorption judges is important for the integrity of citizen relations and because it is connected to a vital topic for Bulgarian citizens, involving significant material interests, and to integrity, connected to the material and limited in real rights including immovable properties. The powers attributed to the registration judges are related to the assessment of the existence of public interest and the validity of the actions, part of their activity is related to the assessment of the following admissions - observations and Deletions, even this type of act, also have a preemptive aspect, such as the deletion of mortgage, entering a new ĸpeditop and others. Improper assessment of the absorption by the courts can lead to significant damages from parties or third parties, including multiple legal proceedings. The judges of the absorption have always been part of the judicial system as part of the ctypyĸtype of the paionian courts, the status of which is specified in the Law on the judicial branch. General Art. 80, para. 1, item 8 of the Labor Code, the predecessor of the labor court directs and oversees the labor of the labor courts, but its powers only include the creation of the general labor organization them, because he does not have the power to refer to their definitions in concrete terms. In this way, the independence of the judges is guaranteed in the implementation of their actions and the possibility to work in the response to the attack and the escape, in the execution and implementation it is in the form of an administrative organ. In 2001, the Law on the Cadastre and Property Register was adopted. Although legal norms related to the property register have been written down, it has not yet been created and it is the registration judges with their competence and expertise who will speed up the creation and maintenance of the property register, which is in the interest of citizens and potential investors. The technical unification of the Registration Agency with the Geodesy, Cartography and Cadastre Agency is not appropriate and will not automatically create the property register. It is our opinion that such a substantial change related to the status of adjournment judges is unlikely to be carried out only after an in-depth analysis of all relevant facts in the light of the normative challenge of the member states. -members of the European Union, declaration of public relations and cooperation to all interested parties regarding what concrete real problems will be solved and what concrete benefits will there be for society. Our objection to such an approach is principled and regardless of whether it will be introduced by transitional and final provisions of any law or introduced as a separate bill. WITH RESPECT, GOOD MITREV |
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