![]() | Lawyer Kiril Donchev Panayotov |
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Tariff The prices for the legal advisement and procedural representation under cases in Bulgarian courts are determined in compliance with the legal and factual complexity of each individual case, but not less than the fees specified in REGULATION No. 1 of 09.07.2004 for the minimal barristers’ remunerations, hereby enclosed. Regulation No. 1 of 09.07.2004 for the minimal barristers’ remunerations Section I. General Provisions Art. 1. The amount of the remuneration for the rendered by the attorney legal assistance shall be determined by free negotiation on the grounds of a written agreement with the client, but shall be not less than the specified in this regulation minimal fee for the relevant assistance. Art. 2. When there is no written agreement and in the cases under article 36 and in reference with article 38 of the Attorney Act the following attorney’s remuneration shall be determined by the court or by the pre-court proceeding authorities according to the regulation. Art. 3. When voluntary settling of the dispute is achieved or the case is terminated with an agreement, reconciliation, or settlement the deposited remuneration shall not be returned. Art. 4. When the client unreasonably rejects the agreement entered into, the deposited remuneration shall not be returned. Art. 5. The Attorneys may render legal assistance free of charge to:
1. financially embarrassed persons Section II Remunerations for advice, references, drawing out of papers and agreements Art. 6. Remunerations for advice, reference, drawing out of papers and agreements are as follows: 1. for oral advices and reference in court and administrative bodies, etc. – 10 BGN; 2. written consultation – 20 BGN; 3. examination of a case with providing an opinion – 30 BGN; 4. pleas to the Prosecutor’s Office and police – 20 BGN; 5. notary invitations, petitions for accepting or waive of heritage, drawing out of papers for notary entry, remission petitions, and other petitions and applications – 20 BGN; 6. application for waive or restoration of Bulgarian citizenship – 100 BGN; 7. drawing out of testaments and wills – 50 BGN; 8. drawing out of: written agreements, holding deeds, acts of sale, deeds of donation, deeds of exchange, mortgage, superficion and servitudes, out-of-court settlements, and for preparing and drawing out of deeds under circumstance inspection based upon the relevant deed or agreement price: a) interest up to 100 BGN – 15 BGN b) interest from 100 and 1,000 – 15 BGN + 1.5 percent for the surplus above 100 BGN c) interest from 1,000 to 10,000 BGN – 28.50 BGN + 1 percent for the surplus above 1,000 BGN d) interest from 10,000 to 50,000 BGN – 118.50 BGN + 0.5 percent for the surplus above 10,000 BGN e) interest from 50,000 to 100,000 BGN – 318.50 BGN + 0.2 for the surplus above 50,000 BGN f) interest above 100,000 – 418 BGN + 0.1 percent for the surplus over 100,000 BGN. 9. Incorporation and registration of: a) sole proprietors – 50 BGN b) corporation aggregate – 70 BGN c) comandite company – 80 BGN d) limited liability company – 100 BGN e) joint stock company, private limited company – 250 BGN f) co-operative company – 100 BGN g) housing association – 100 BGN h) foundations and non-profit companies – 200 BGN 10. drawing out of papers for entry into the court trade registries of changes in the cases under section 9 – 1/2 of the remunerations specified therein.
11. current legal assistance under
agreements with a juridical person or sole proprietor – 200 BGN per month,
whereas for appearance at court of the relevant juridical person or sole
proprietor, the attorney is due separate remuneration. Section III Remunerations under civil and administrative cases per instance Art. 7. (1) For defense under civil cases remunerations are as follows: 1. for labour cases – 50 BGN 2. for dissolution of a marriage – 100 BGN 3. for fatherhood and paternity litigation – 100 BGN 4. other unrated claims – 80 BGN 5. security procedures and procedure for evidence affection – 100 BGN 6. of the defendant attorney in alimony cases – 30 BGN (2) For defense on cases with specified interest remunerations are as follows: 1. interest up to 1,000 BGN – 10% but not less than 40 BGN 2. interest from 1,000 to 5,000 – 100 BGN + 6 percent for the surplus above 1,000 BGN 3. interest from 5,000 to 10,000 BGN – 340 BGN + 4% for the surplus above 5,000 BGN 4. interest above 10,000 – 540 BGN + 2% for the surplus above 10,000 BGN. (3) For defense under cases of insolvency the remuneration is calculated on the basis of the presented receipts under the methods in para 2, but not less than 200 BGN (4) For defense in cases of partition the remuneration shall be determined according to the interest of the represented party as per the provisions of para 2, but not less than 200 BGN. (5) For defense under summary proceedings, proceedings for the issuance of writs of execution under article 237, letters “c” and h” of the Civil Proceedings Code and for the security of costs the remuneration shall be determined under the provisions of para 2 on the grounds of the half of the costs of the claimed sums. (6) In cases under article 126e of the Civil Proceedings Code the initially determined remuneration is increased to the full amount under para 2 of this article. Art. 8. For defense under administrative cases the remuneration is determined by virtue of the provisions of article 7, para 1, section 4 and para 2. Art. 9. For the drawing out of appellate reviews and appeals to the court of cassation without appearing at court session, the remuneration amounts to 3/4 of the remuneration under article 7 or 8. Art. 10. For defense under executory cases the remuneration is as follows: 1. for initiating the executory case – 20 BGN 2. for conducting an executory case and carrying out of actions for the satisfaction of monetary receipts – 1/2 of the remunerations, specified in article 7, para 2, respectively. 3. for defense under executory cases, which have as subject livery of seisin or vacation of a real estate – 1/2 of the remunerations specified in article 7, para 2, based on the cost of the real estate; 4. for carrying out of executory actions apart from the specified cases – 20 BGN Art. 11. For letters of request, for drawing out private appeals, for appealing the actions of the bailiff or the notary the remuneration is 20 BGN, and when the appeals are considered at an open session, the remuneration is 50 BGN. Section IV Remunerations under penalty and administrative cases for one instance Art. 12. The remuneration for defense in pre-court proceedings is 150 BGN, and for carrying out of procedural actions in different days the remuneration is 30 BGN per each day. Art. 13. (1) For defense of the accused, the private accuser or the private claimant the remuneration is: under cases for which as penalty for the crime is intended: 1. corrective labour or a fine – 100 BGN 2. imprisonment up to 5 years – 150 BGN 3. imprisonment up to 10 years – 300 BGN 4. imprisonment up to 15 years – 550 BGN 5. imprisonment – more than 15 years – 1,000.00 BGN 6. life imprisonment – 1,200.00 BGN 7. in cases of agreement when the attorney has not taken part in the criminal prosecution– 150 BGN 8. in cases of compulsory treatment – 50 BGN 9. for appearance at court under measures of procedural compulsion if the attorney did not participate in a criminal procedures according by empowerment 10. for investigation of a case without participation in a criminal proceedings – 30 BGN ((2) For defense of civil petitioner or civil defendant – 100 BGN Art. 14. When the court session under a penalty case continues more than one day, the additional remuneration for each following day is 30 BGN per day. Art. 15. For drawing out appellate reviews or appeals to a court of cassation without appearance at court session the remuneration is 3/4 of the remuneration under art. 13. Art. 16. For private appeals under criminal cases the remuneration is 20 BGN, and when appeals are considered at an open session – 50 BGN. Art. 17. Negotiation of e resultant fee under criminal cases, including for civil claims, plead in a criminal procedure, is unacceptable. Art. 18. (1) For defense under cases of administrative and penalty character the remuneration is 50 BGN (2) If the administrative penalty is under the form of property sanction and/or property compensation is imposed, the remuneration is determined under the provisions of art. 7, para 2 over the amount of the sanction, the compensation, respectively. Art. 19 The stipulated in this regulation minimal amount of the barrister’s remuneration are applicable in the cases of official defense and procedural representation by virtue of art. 44 of the Attorney Act.
1. For all unforeseen un this regulation circumstances the remuneration shall be determined by analogy. 2. In the cases under art. 64, par. 4 of the Civil Proceedings Code the adjudicated remuneration may not be lower than the triple amount of the remunerations specified in this regulation. |
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