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Ordinance of the minimum legal fees

 

Ordinance № 1 of 9 July 2004 on the minimum amount of legal fees

Issed by the Supreme Bar Council

Prom. SG . 64 of 23 July 2004 . amend. SG . No. 2 of 9 January 2009 . amend. SG . 43 of June 8 , 2010 . amend. and supplemented . SG . 28 of 28 March 2014

Section I.

General provisions

Art. 1. Amount of remuneration for the rendering of legal aid lawyer is determined by free bargaining based on a written contract with the client , but can not be less than specified in this regulation minimum size for the type of assistance.

Art. 2 . (Amended - SG . 2 of 2009 ) (1) In the absence of a written contract amount of the fee is determined by the Bar Council under Art . 36 , para . 3 of the bar.

(2) In the cases under Art . 38 , para . 2 of the Law on Lawyers entitlement attorney's fee is determined by the court or the pre-trial proceedings under this Ordinance.

(3) (New - SG . 28 2014) Payment of remuneration under this Act is payable in advance and the date of signing of the contract for legal aid. It can be split into several installments .

Art. 3 . (Suppl. - SG . 28 2014) When a voluntary settlement or trial ended with an agreement , conciliation or agreement or be terminated due to withdrawal or refusal of requests submitted is not returnable .

Art. 4 . When the client refuses without reasonable cause of contract , by payment thereof shall not be returned.

Art. 5 . Lawyers can provide free legal assistance to :

1. Indigent persons;

2 . Persons entitled to maintenance;

3 . Relatives , and lawyers.

Section II.

Remuneration of Board records , preparation of bills and contracts

Art. 6 . Remuneration for advice , consultation, preparation of bills and contracts are as follows:

1. (Amended - SG . 2 of 2009) for oral advice and refer to the legal and administrative areas , and more. - 20 lev ;

2 . (Amended - SG . 2 of 2009) for written consultation - 40 lev ;

3 . (Amended - SG . 2 of 2009) to study the case with providing an opinion - 60 lev ;

4 . (Amended - SG . 2 of 2009) for litigation to prosecutors and police - 50 lev ;

5 . (Amended - SG . 2 of 2009) for notary invitations for application for admission or waiver , to prepare papers for the notary registration , an application for remission and for other applications - 50 lev ;

6 . (Amended - SG . 2 of 2009) for an application for waiver or refund of citizenship - 200 lev ;

7 . (Amended - SG . 2 of 2009) establishing a legacy - 150 lev ;

8 . To compile : written contracts, deeds of ownership, sale, exchange , donation, mortgage, servitude and superficies , judicial settlement, and for preparing and drawing act on facts checking the price of the contract or act :

a) (repealed previous b . "b" , amended . - SG . 2 of 2009) interest up to 1000 lev - 50 lev

b) (former b . "to" amend. - SG . 2 of 2009) with interest from 1000 to 10 000 lev - 150 lev + 1 per cent of excess over 1000 lev ;

c) (former b . " d " amend. - SG . 2 of 2009) with interest from 10 000 to 50 000 lev - lev 250 + 0.5 per cent of excess over 10 000 Levs ;

e) (former b . 'e' am. - SG . 2 of 2009) with interest from 50 000 to 100 000 lev - 500 lev +0.2 percent of excess over 50 000 Levs ;

f) (renumbered b . " is " am. - SG . 2 of 2009 ) in the interest of over 100 000 lev - 700 lev +0.1 percent for the amount above 100 000 lev ;

9. (Amended and supplemented . - SG . 28 of 2014) for the establishment , registration and registration of changes in the relevant register of :

a) (Amended - SG . 2 of 2009) a sole trader - 150 lev ;

b) (Amended - SG . 2 of 2009), a general partnership - 180 lev ;

c) (Amended - SG . 2 of 2009), a limited partnership - 200 lev ;

d) (Amended - SG . 2 of 2009), a limited liability company - 300 lev ;

e) (Amended - SG . 2 of 2009) limited company - 600 lev ;

f) (Amended - SG . 2 of 2009) cooperative - 250 lev ;

g) (Amended - SG . 2 of 2009) Housing cooperative - 250 lev ;

h) (Amended - SG . 2 of 2009), foundations and non-profit organizations - 350 lev ;

i) (new - SG . 28 2014) Conversion of a company under Chapter XVI of the Commercial Code , provided in the letters "b " - " e " wages increased by 50 per cent;

10 . ( Repealed - SG . 28 2014)

11 . (Amended - SG . 2 of 2009, as amended . - SG . 28 2014) Current legal assistance treaty with the legal person or sole trader - 400 lev per month ; for legal representation , protection and assistance matters and the preparation of securities under Art. 6 § 3-5 , paragraph 8-9 for the award of the legal entity or sole proprietor, the attorney due to additional compensation under this Ordinance;

12. (New - SG . 2 of 2009) agreed on an hourly consultancy - 60 lev per hour.

Section III.

Salaries in civil and administrative cases for one instance

Art. 7 . (1) (Amended - SG . 28 2014) In litigation, protection and assistance in civil matters remuneration are as follows:

1. (Amended and supplemented . - SG . 2 of 2009, as amended . - SG . 28 of 2014) for the annulment of dismissal (art. 344 , para . 1, item 1 CT ) or reinstatement (art. 344 , para . 1, item 2 CT ) when the action was brought independently - not less than the minimum wage at the time of conclusion of the contract for legal aid or to set remuneration pursuant to Art . 2 ; other unrated claims - 200 lev ; for labor cases with particular interest - according to par. 2 ;

2 . (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014) for divorce in a civil action - 600 Levs and divorce by mutual consent - 400 Levs . , while the settlement of property relations on the agreement applies to art. 6 , item 8;

3 . (Amended - SG . 2 of 2009, as amended . - SG . 28 2014) Paternity and paternity litigation - 500 lev ;

4 . (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014 ) for other unrated claims - 300 lev ;

5 . (Amended - SG . 2 of 2009, as amended . - SG . 28 2014) procedures to safeguard and guarantee the production of evidence - 300 lev ;

6 . (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014) of the defendant attorney in alimony - 300 lev ;

7 . (New - SG . 2 of 2009) in proceedings for private appeals - one third of the minimum object as an instance of the case and the interest of the country, but not less than that provided for in Art. 11;

8 . (New - SG . 28 of 2014) for the formation and defense in the repair of an obvious factual error - 200 Levs

(2) (Amended - SG . 28 2014) In litigation, protection and assistance in cases of particular interest are the following remuneration :

1. (Amended - SG . 2 of 2009, as amended . - SG . 28 2014) interest up to 1000 lev - 300 lev ;

2 . (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014) with interest from 1000 to 5000 lev - lev 300 + 7% of excess over 1000 lev ;

3 . (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014 ) in interest from 5000 to 10 000 lev - 580 lev + 5% of excess over 5000 lev . ;

4 . (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014) with interest over 10 000 lev - lev 830 + 3% of excess over 10 000 Levs

(3) (Amended - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in bankruptcy cases the fee is calculated on the basis of the presented receivables methodology par. 2, but not less than 800 Levs

(4) (Amended - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in cases of partition remuneration is determined by the interests of the represented party under provisions of para . 2, but not less than 800 Levs

(5) ( Amended - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in proceedings to secure a future claim, in proceedings for the issuance of writ under Art. 405 , para . CPC 3 and 4 and in proceedings for the issuance of an execution fee is determined under the provisions of par. 2 on the basis of half of the values of the claimed amounts .

(6) (revoked - SG . 2 of 2009 new - SG . 28 2014) In defense in cases with more than two sittings for each subsequent session paying extra 100 Levs

Art. 8 . (Amended - SG . 28 of 2014) (1) litigation, protection and assistance in administrative cases with a material interest in the fee is:

1. Interest up to 1000 lev - 300 lev ;

2 . Interest at 1,000 to 5,000 lev - 300 lev plus 7% of excess over 1000 lev ;

3 . Interest in 5000 to 10,000 lev - 580 lev plus 5% of excess over 5000 lev ;

4 . Interest at 10 000 to 100 000 lev - lev 830 plus 3% of excess over 10,000 lev ;

5 . Interest in 100 000 to 1 000 000 lev - 3530 lev plus 1% of excess over 100,000 Levs ;

6 . Interest at 1 million to 10 million lev - lev 12 530 plus 0.3% of excess over 1 million lev ;

7 . Interest at over 10 million lev - 39 530 lev plus 0.1% of excess over 10 million lev

(2) litigation, protection and assistance in administrative cases without certain material interest:

1. The share of the Law on Spatial Planning and the Law on Cadastre and Property Register - 600 lev ;

2 . Works for a Social Security Code - 350 lev ;

3 . For cases under the Ministry of Interior - 400 lev ;

4 . The share under the Bulgarian state standard - 350 lev ;

5 . Cases to Chapter Eleven of the Public Procurement Act - 500 Levs

(3) revocation of an order of termination of service remuneration is determined by the rules of art. 7, para . 1, item 1 , letter " a".

Art. 9. (Amended - SG . 2 of 2009) ( 1) (Amended - SG . 28 of 2014 ) to prepare an appeal , in response to an appeal and prepare a written response to a claim request without appearing in court , and the trial of a civil case and the re-signing of an appeal under Art. 284 , para . CPC 2 , where it is produced from countersign lawyer remuneration is 3/4 of the salary of art. 7 or 8 but not less than 300 lev

(2) (New - SG . 28 of 2014 ) to prepare an appeal to the grounds for cassation appeal under Art. 280 , para. 1 CPC without appearing in court fee amounting to 75% of the remuneration of art. 7 or 8 but not less than 600 lev

(3) (New - SG . 28 of 2014) to prepare a response on the appeal of grounds for cassation appeal under Art. 280 , para . 1 CPC without appearing in court fee amounting to 75% of the remuneration of art. 7 or 8 but not less than 500 lev

(4) (prev. . 2 am. Amended and supplemented . - SG . 28 2014) In making an application for the annulment of a final decision without appearing in court fee amounting to three quarters of the remuneration of art. 7 or 8, but not less than 300 Levs When a lawyer appears in court , the remuneration is not less than 500 Levs

Art. 10 . (Amended - SG. 28 2014) In litigation, protection and assistance in enforcement action remuneration is:

1. (Amended - SG . 2 of 2009, as amended. - SG . 28 of 2014) to initiate enforcement action - 200 lev ;

2 . (Amended - SG . 28 of 2014) for legal representation, protection and assistance to the parties to the enforcement action and act to satisfy the monetary claims - half of the relevant fees specified in Art. 7, para . 2 ;

3 . (Amended - SG . 28 of 2014) for legal representation, protection and assistance in enforcement proceedings which have as their object or putting a vacation property - by the relevant remuneration of art. 7, para . 2 based on the value of the property;

4 . (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014) to carry out enforcement actions beyond those cases - 200 Levs

Art. 11 . (Amended - SG . 2 of 2009, as amended . - SG . 28 2014) In court orders for production of private complaints challenging the actions of the bailiff , notary or refused entry on the registry Agency or other record - 200 lev and the appeal has been heard in open session - 300 Levs

Section IV.

Salaries in criminal and administrative cases for one instance

Art. 12. (Amended - SG . 2 of 2009, as amended . - SG . 28 2014) fee for legal representation, protection and assistance in pre-trial proceedings in the dimensions of art. 13 , para . 1. Upon conducting proceedings on different days paid 100 lev for each day.

Art. 13. (1) For the protection of the defendant , private prosecutor or the private complainant remuneration is:

1. (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014) in cases where the offense is punishable by a fine or probation - 400 lev ;

2 . (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014) to 5 years in prison - 500 lev ;

3 . (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014) to 10 years in prison - 800 lev ;

4 . (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014) to 15 years' imprisonment - 1500 lev ;

5 . (Amended - SG . 2 of 2009, as amended. - SG . 28 of 2014) more than 15 years' imprisonment - 2000 lev ;

6 . (Amended - SG . 2 of 2009, as amended. - SG . 28 2014) life imprisonment - 3000 lev ;

7 . (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014) , under an agreement if the lawyer was not involved in criminal proceedings - 400 lev ;

8 . (Revoked - SG . 2 2009 prev. 9 am. - SG. 28 of 2014) to appear before the Court of coercive measures if the lawyer was not involved in criminal proceedings by proxy - 400 lev ;

9. (Amended - SG . 2 of 2009 , renumbered from Item 10 am. - SG . 28 of 2014) to study the case without participation in criminal proceedings - 300 Levs

( 2) (Amended - SG . 2 of 2009, as amended. - SG . 28 2014) In litigation, protection and assistance to the civil plaintiff or civil defendant remuneration is determined by the rules of art. 7, para . 2, but not less than 400 Levs

Art. 14. (Amended - SG . 2 of 2009, as amended. - SG . 28 2014) When hearing a criminal case lasts more than a day , the remuneration for each day is 100 lev

Art. 15 . For the preparation of appellate or cassation without appearing in court remuneration is 3/4 of the salary of art. 13.

Art. 16. (Amended - SG . 2 of 2009, as amended . - SG. 28 of 2014) For private appeals in criminal cases remuneration is 200 lev , and when complaints are dealt with in open session - 400 Levs

Art. 17. Negotiation of resultant fee in criminal cases , including civil action brought in the criminal process .

Art. 18. (1) (Amended - SG . 2 of 2009, as amended . - SG . 28 of 2014 ) for preparation of complaint against penal provision without appearing in court fee amounts under Article . 7, para . 2 the amount of the penalty, but not less than 50 lev

(2) (suppl. - SG . 2 of 2009, as amended. Amended and supplemented . - SG . 28 2014) In litigation, protection and assistance in cases against penal decrees in which the administrative penalty in the form of a fine penalty payment and / or pecuniary compensation remuneration is determined by the rules of art. 7, para . 2 the value of the penalty , compensation , but not less than 300 Levs

( 3) (New - SG . 28 2014) In litigation, protection and assistance in cases of administrative character than the cases under par. 2 salary is 300 Levs

Section V.

Fees for participation in specially regulated by law proceedings for an instance

(New - SG . 2 of 2009)

Art. 19. (Revoked - SG . 2 2009 new - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in proceedings under the Health Act minimum wage is 300 Levs

Art. 20. (New - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in individual proceedings under the Child Protection minimum wage is 400 Levs .

Art. 21. (New - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in proceedings under Art. 70 and 72 of the Family Code, the minimum wage is 400 Levs

Art. 22. (New - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in proceedings under the Domestic Violence Act minimum wage is 400 Levs

Art. 23. (New - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in proceedings under the Extradition and European Arrest minimum wage is 500 Levs

Art. 24. (New - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in proceedings under Decree Minor Hooliganism minimum wage is 300 Levs

Art. 25. (New - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in the exequatur minimum wage is 300 Levs

Art. 26. (New - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in proceedings delegation when attorney is not involved in the whole case , the minimum remuneration is 300 Levs

Art. 27. (New - SG . 2 of 2009, as amended . - SG . 28 of 2014) for legal assistance and witness protection under Art. 122 of the Criminal Procedure Code, if the attorney is not involved in the whole case , the minimum wage is 300 Levs

Art. 28. (New - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in proceedings on remand when the attorney is not involved in the whole case the minimum wage is 400 Levs

Art. 29. (New - SG . 2 of 2009, as amended . - SG . 28 2014) In litigation, protection and assistance in the production of cumulation minimum wage is 400 Levs

Art. 30 . (New - SG . 2 of 2009, as amended . - SG . 28 of 2014) For the preparation of the application of art. 368 of the Criminal Procedure Code, the minimum wage is 500 Levs

Art. 31 . (1) (new - SG . 2 2009, previous Article . 31 am. - SG . 28 2014) In litigation, protection and assistance in the resumption of proceedings criminal cases the remuneration is not less than the minimum for one instance .

(2) (New - SG .28 of 2014) in preparing the request to reopen the criminal case without appearing in court fee amounting to three quarters of the fee under p.1.