___________________________________________________ This document has been made available in electronic format by the International Co-operative Alliance ICA ----------------------------------------------------- November 1995 ICA Studies and Reports Co-operatives in Eastern & Central Europe Bulgaria by Professor Dinonysos Mavrogiannis Annex 4 Ordinance 192 of 1st October 1991 of the Council of Ministers (as amended and completed in 1993, regarding the conditions and procedure for returning to co-operatives properties which were confiscated by the State after 10th September 1944) Article 1 1. Regarding the return of property confiscated by the State after 10 September 1944, existing reinstated co-operatives and co-operative unions should apply for the return of such property within 18 months of the Co-operative Law's coming into effect. Property rights are certified by notarial acts, and when these are missing by court decision, balance sheets, protocols and decisions of co-operative bodies, receipts paid for taxes or premiums, cadastral plans, act books for State-owned properties and other written evidence including statements from State-owned and party bodies which have served as a proof of confiscation and containing information regarding the individual buildings. 2. The demand must be addressed to: i) The respective Ministry or other organisation when the property is in hands of State firm or individual trade association with State-owned property; ii) The mayor of the municipality when a municipal firm is the current owner. 3. The President of the liquidation council, when the property is owned by the organisations according to paragraph 12 from the previous final Decrees regarding Ownership Law and the use of agricultural land. 4. All other cases should follow the general procedure: the demand is addressed to the regional court in the area where the property is situated. 5. Within one month of their receipt of the demand, the head of the respective Ministry, other institutions or the mayor of the municipality should issue an order for returning the property or refuse to do so in writing. An appeal against such a refusal may be made to the supreme court within seven days in the case of an appeal against the decision of a minister, head of certain institutions, mayor of the municipality or the President of the liquidating council. In other cases, the appeal is made to the regional court responsible according to Article 36 of the Law governing administrative procedures. 6. When the bodies defined under clauses 1 and 2 of paragraph 2 do not give an answer within the determined period of time, this is considered as silent refusal according to Article 22, paragraph 2 of the Law for administrative procedures, and can be appealed against under the same law. In the established State affairs the two-week time limit starts as from the date on which this Decree comes into force. 7. The return of co-operative property, real estate and liquid assets is carried out free of charge, and payment for any assets which can not be returned is in accordance with their value since the date on which the Law on Co-operatives became effective. Article 2 1. Where there are properties which were improved with State funding during their confiscation, such improvements are included free of charge. In the case of State investments, the improvements are paid for according to their value since the date on which the law became effective. 2. In those cases where the improvements exceed the value of the property in question, the co-operative can agree to rent it. When it has been destroyed, or can not be separated or expropriated, the property is restored as a share in the whole property or compensation given (land or money) according to the choice of the co-operative organisation. 3. When there is no agreement as in the previous paragraphs, the disputes are solved according to the general procedure for claiming. Article 3 1. The payment for property and the improvements may take place over a period of up to five years, with a possibility for mortgages to be taken out to cover longer repayment periods. 2. Return and acceptance of the real estate are certified by inventory protocol. Based on this, the municipal councils are dealing in real estate and the co-operatives receive notarial acts for it without paying taxes. Article 4 1. If the dispute is not completely settled, no orders may be issued for the disputed property on behalf of the co-operative organisation. 2. The order of the Minister, the head of an institution or the Mayor of the municipality, is executed according to the Law governing administrative procedures. 3. The director of the State-owned/municipal/economic organisation complies with the order, or the court decides within 14 days. 4. When an order for the return of co-operative property is not observed, the official employee considered guilty should bear responsibility according to Article 32 of the Law dealing with administrative failures and penalties. The Ministers, heads of institutions and mayors of municipalities issue penalty Decrees based on acts established by such official employees. 5. In the case where property is thus retained, the co-operative or co-operative union has the right of indemnity for damage caused or profits missed.