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Get an answer to everything that interests you in our FAQ section

The attorneys and consultants at Black Sea Law Counsel (BSLC) have have summarized the most frequently asked questions from our customers to help you even before the start of our work together.

Questions about service at BSLC

Can BSLC represent my interests before state and administrative authorities in Bulgaria?

Yes. Through our partner lawyers, we provide legal representation and administrative assistance to all state and municipal institutions — including the National Revenue Agency, the Commission for Protection of Competition, the Commission for Personal Data Protection, the Ministry of Interior, the Employment Agency and other bodies. We take over all communication and protection of your interests before the administration.

Is it possible to get a consultation with a lawyer from BSLC without a pre-booked appointment?

No. All consultations at BSLC are held only by appointment in advance. This guarantees quality preparation, sufficient time for analysis and individual attention to each client.

To register, use the online form on the site, write to us at office@blacksealaw.com or call 📞 +359 882 74 34 04(Mon-Fri, 09:00 — 18:00).

Without prior arrangement we cannot guarantee that we will be available to accept you for an appointment at our office.

What is the cost of an initial online consultation with a lawyer from BSLC?

The cost depends on the complexity of the case and the time required for analysis.

If a contract for subsequent legal services is concluded after the consultation, the amount paid may be deducted from the total fee.

Current prices are available in the section “Prices of our legal services”.

What should I do after I send you an inquiry?

After receiving your inquiry, we will contact you to clarify the details of the case. After a preliminary assessment, we will propose a clear plan of action and the possibility of scheduling a consultation.

What documents do I need to prepare for an initial consultation?

We recommend that you prepare all documents related to the case — contracts, correspondence, administrative or judicial acts, notarial documents and other materials.

If you are not sure what is needed, we will provide you with a list of recommended documents when enrolling.

Does BSLC provide subscription legal services for companies and individuals in Bulgaria?

Yes. We offer flexible subscription service plans, including consulting, drafting and analysis of contracts, legal representation, corporate and tax assistance — tailored to the needs of each organization. You can learn more at section “Subscription legal services for companies and individuals” here.

How are lawyer reimunerations and attorney fees calculated by BSLC and in Bulgaria in general?

The amount of attorneys' fees is determined by a transparent and professional model that combines legal framework, objective assessment of the volume of work and individual features of the case.

First of all, our partner lawyers determine their fees in accordance with Ordinance No. 1 of the Supreme Bar Council on the Minimum Lawyer's Remuneration. This means that there is a legally established minimum under which legal services in Bulgaria cannot be offered. The Ordinance gives indicative values for various legal actions — consultations, administrative proceedings, preparation of contracts, representation in cases, notary services, etc.

Secondly, specific factors related to your particular case are added to the basic regulatory minimum. Among them are:
the composition and volume of documentswhich need to be prepared or analysed;
the complexity of the legal matter, including whether the case concerns more than one area of law, such as administrative, migration, corporate or property law;
urgency or short deadlineswhich require priority processing;
the need to participate in negotiations, meetings, correspondence or representationin front of institutions;
international element— cases requiring work with foreign documents, legalization, coordination with foreign institutions or other legal systems.

Thirdly, it is always taken into account and The preferred work model. Three main models are used in BSLC:
1 ️ ⃣ fixed price— in the case of standard and clearly defined services;
2 ️ ⃣ hourly pay— in the case of open tasks or lengthy consultations;
3 ️ ⃣ combined model— in more complex cases, involving a fixed minimum plus an hourly rate for additional actions.It is important to emphasize that before starting work we always provide a written quotation, which contains:
• description of the services;
• expected volume of work;
• deadlines;
• a general indicative value or charging structure;
• payment terms.

This ensures that the customer knows in advance what does the service include, what is the estimated cost and how it is formed, with no hidden costs or unclear conditions.BSLC upholds the principles of professional ethics, transparency and accountability — that's why every customer receives clear information about the value of the service even before it is performed.

How can I get a price quote for a specific legal service from you that is not described on the site?

You can send a brief description of the case through the contact form on the site, use the lawyer's fee calculator, submit a request for subscription service or contact us by phone or email. After analysis, you will receive a personalized quote and an approximate price.

Does BSLC provide services to clients outside Bulgaria?

Yes. We work with international clients and offer remote service via email, video and digital platforms. We provide full legal assistance to all individuals and companies wishing to invest, operate, live or work in Bulgaria.

What payment methods are available to you?

You can pay for the legal services you are looking for by bank transfer, card, cash in our office or online through the consultation appointment booking platform. Payment terms are specified in the contract and may include fixed amounts, hourly pay or mixed models.

How can I be sure that I will be served by a good lawyer, e.g. for real estate from BSLC?

The competence of our lawyers is based on experience, specialization and the ability to analyze the real case. During the initial consultation, you receive a clear assessment, an explanation of the possible options and a realistic forecast. We work transparently, responsibly and in accordance with professional standards.

What languages do BSLC lawyers speak?

Our team is proficient in Bulgarian, English and Russian at the internationally recognized levels, respectively mother tongue, C1 and C2 under the Common European Language Framework. If necessary, we provide official translations, legalization and assistance through sworn translators.

What measures do you take to protect the personal data of your customers?

We apply strict data protection measures in accordance with GDPR (General Data Protection Regulation - Regulation (EU) 2016/679 of the European Parliament and of the Council of the EU, in force since 25 May 2018) and the Bulgarian legislation. All data provided are used only for the purpose of performing legal services and are processed in complete confidentiality.

How is BSLC different from traditional law firms?

BSLC is a specialized firm focused on international clients and key legal areas — real estate, insurance, migration and corporate law. Unlike universal offices, each case is handled by a team of profiled specialists. We work strategically, with an emphasis on long-term protection of the client's interests, using both classical legal approaches and modern technologies for effective communication.

Frequently Asked Questions about BSLC's Real Estate Legal Services

Does BSLC provide legal assistance in the purchase of real estate under construction?

Yes. The purchase of a property under construction in its legal essence resembles a transaction for a future product - similar to buying a car that has not yet been produced, but for which you already have a contract with the manufacturer. It is for this reason that legal verification in this type of transaction is significantly more important compared to the purchase of an already completed and commissioned property.

BSLC provides full legal services for the purchase of real estate under construction, including at the so-called investment stage — when the building has not yet been put into operation and the transaction is carried out on the basis of a preliminary contract with the builder or investor.

As part of the legal verification, our lawyers carry out a comprehensive analysis, which usually covers the validity and scope of the building permit, the legal status of the land, including the presence of mortgages, foreclosures or other encumbrances, the compliance of the investment project with the approved parameters, as well as the legal and financial status of the construction company. The real risk of construction being delayed, stopped or substantially altered is also assessed.

In addition, we assist with a detailed analysis of the preliminary contract and payment schemes, verification of the legality of the construction and the issued phased acts (Act 14, Act 15 and Act 16), as well as full legal assistance until the final transaction is confessed to a notary and obtaining a notarial deed of ownership.

What does the “property inspection for property encumbrances” service include?

A check for property encumbrances is analogous to a “medical examination” of a property — it shows its real “health” beyond what is visible to the naked eye, or in other words, what legal risks accompany the transaction with the property. We analyze all previous transactions, references from the Land Registry, encumbrances, mortgages, foreclosures, pending court proceedings and discrepancies between cadastral and notarial data. If necessary, the cadastral data are compared with the records under Art. 55 of the Law on Cadastre and Property Registerto identify possible discrepancies. In the case of new construction, the documents of the ZUT are also checked - project documentation, building permit, degree of completion. The client receives a written opinion with the risks, similar to a report that a notary would prepare before a transaction - but much more in-depth and with specific recommendations.

What methods of acquiring the right of ownership of real estate are there in Bulgaria?

In Bulgaria, property rights can be acquired in several basic ways, which are reminiscent of the mechanisms in most European legal systems, and are exhaustively described in Art. 77 of the Property Act.. The most common is acquisition through a transaction — purchase, donation or exchange. It is possible to grant property by inheritance, by judicial act or by constructing a building on someone else's land under an established building right. There is also an acquisition statute of limitations — similar to the institute of “servitude” or “past statute of limitations” in other countries — in which a person becomes an owner after a long period of possession. Each mechanism has its own requirements and requires registration with the Registry Agency in order to produce action against third parties.

What is co-ownership and what rights does the co-owner have?

Co-ownership under Bulgarian law is a legal regime in which the same immovable property or property belongs simultaneously to two or more persons, each of whom has certain rights over the common property. Co-ownership can be shareholdingor undivided(also called generalor idealized), the difference being substantial: at joint ownership, regulated in Art. 30, para. 1 of the Property Act, each co-owner owns a precisely defined ideal partof the property (for example, 1/2, 1/3, etc.), he has the right to use it in proportion to his share, to derive benefits from it and to participate in the costs of its maintenance; in addition, he can freely dispose of his share - sell, donate or bequeath it, but when selling part of the property, the law obliges the seller to first offer the shares of the other co-owners, pursuant to art. 33 ZC, which constitutes a kind of “right of first refusal”. At Non-equity co-ownership(for example, a matrimonial property community or joint ownership of common shares in a condominium), the individual parts of the owners are not quantified, and the property belongs to all as an indivisible whole; in it the disposition, management and use are carried out jointly, and individual disposition is impossible until division is carried out. Regardless of the type of co-ownership, each co-owner has the right to use the property, to protect it against third parties (art. 31 ZS), to require the others to contribute to the costs necessary for its maintenance (e.g. to pay overheads and other expenses). If the use becomes impossible or strenuous, each co-owner has the right to demand the division of the common property under Art. 34 ZS, which, depending on the characteristics of the property, can be carried out in such a way that the property is actually divided or awarded in a share to one of the shareholders, while the other receives compensation equal to the market price of its share.

Can I acquire a property under statute of limitations in Bulgaria?

Yes, in Bulgaria it is quite possible for a person to become the owner of a certain property only due to the fact that he exercised de facto power over itfor an extended period of time -5 years in good faith possession and 10 years in bad faith. The statute of limitations of acquisition in Bulgarian law functions as the classical continental principle “possession gives rise to property”, in which the long-term de facto exercise of the powers of an owner can lead to the emergence of a right of ownership. According to Art. 79 of the Property Act, if a person owns real estate Openly, uninterruptedlyand as ownerin continuation of 10 years, he can acquire the property after the statute of limitations. When possession is conscientiously, the term is reduced to 5 years. A conscientious ruler, in the sense of Art. 70 OZ, is the person who received possession of the property on grounds, fit to make it the owner, but did not knowthat it did not in fact acquire the right of ownership. Such, for example, are the cases in which some acquired a right of ownership on the basis of a void contract of sale, donation or for any other reason, even if it subsequently turns out that such a right did not exist. A typical example is the purchase of property under a notarial deed issued by a person who formally does not have the authority to transfer the property—for example, due to an invalid power of attorney or lack of proper registration—and the buyer objectively could not have known about these vices. The law introduces presumption of good faith(art. 70, para. 2 CC), which means that only the counterparty, usually the beneficial owner, can prove the opposite—for example, that the acquirer was aware of the seller's lack of rights or knowingly ignored obvious document irregularities. Conscientious possession generates more favorable legal consequences compared to unscrupulous possession: in the case of unaltered possession for five years, the possessor may request recognition of the right of ownership under the acquisition limitation period, while for the unscrupulous possessor the minimum term remains ten years according to art. 79 ZS. This makes the institute of good faith a key element in the protection of persons who act in the absence of objective information about vices in the title of the righteous.

Can foreign citizens or companies acquire real estate in Bulgaria?

Yes, foreign citizens and legal entities have the right to acquire real estate in Bulgaria, but with certain legal restrictions. Precisely because of them, the easiest and most affordable option for foreign citizens to become full owners of real estate in Bulgaria remains the registration of a Bulgarian company - that is, a commercial company through which the real estate is acquired and thus the foreigner remains the owner of both the company and the purchased property through it. According to Art. 29, para. 1 of the Property Act (ZL)“Foreigners or foreign legal entities may personally acquire the right of ownership of land only under the terms of an international treaty ratified under the procedure of Article 22, paragraph 2 of the Constitution of the Republic of Bulgaria. In addition, according to art. 29, para. 4 OZ, foreign citizens and companies can acquire buildings and limited property rights to real estate, even if the acquisition of land is not permissible. For citizens of the Member States of the European Union/EEA, additional conditions laid down by law apply. In practice, this means that while a non-EU foreign national can often buy a building or share, acquiring land usually requires an international contract or other special conditions

What are the obligations of owners in multi-family buildings (condominium)?

The obligations of owners in multi-family buildings derive from the principle that the common parts of the building are managed and maintained by all who use them. According to Art. 41 of the Property Act, each owner is obliged to participate commensurate with their deedsin the common parts in the costs necessary to maintain or restore those common parts, as well as in the costs of improvements, where they are adopted by decision of the general meeting. This regime is analogous to the “home management” model known in other European legal systems — each owner assumes a share of the total responsibility. In addition, the owner is obliged to observe the internal order and not to use his property in a way that endangers the building or violates the rights of other residents. In the case of systematic, rude or dangerous behavior, the measure of Art. 45 OZwhich allows temporary withdrawal of the right of useon the site as a sanction for serious violations. Thus, the law protects the interest of the community by ensuring a balance between the right to property and peaceful, safe cohabitation.

Questions about BSLC's legal services in the field of private international law

Does BSLC provide legal assistance in cross-border commercial disputes in the European Union?

Yes. BSLC lawyers provide comprehensive procedural and legal assistance in cross-border commercial disputes within the European Union, including cases falling within the scope of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This includes assessing the international jurisdiction of the courts, determining the applicable law and drawing up a strategy for judicial protection or bringing a claim against a foreign counterparty. We work both in cases in which Bulgarian clients have to bring a case against a company in another Member State, as well as in cases where a foreign client wishes to bring claims against a Bulgarian person. We also provide full assistance in recognition and enforcement of foreign judgmentsin Bulgaria through the procedures provided for in the European regulations, as well as in the case of protection against unlawful enforcement proceedings initiated on the basis of a foreign act. The aim is to ensure the effective exercise of customer rights in each EU country by ensuring legal consistency between different jurisdictions.

Can the BSLC prepare or review contracts regulated by international law or concluded between parties from different countries?

Yes. BSLC's team and partner attorneys have extensive experience in drafting, reviewing and adapting international commercial contracts, including those subject to the law of a foreign country or containing arbitration and jurisdictional clauses. When working on contracts between parties from different countries, we analyse all the key elements — applicable law, choice of court or arbitration, currency and tax risks, payment methods, performance guarantees, force majeure clauses and liability in the event of default. This allows us to draw up a text that protects the interests of the client in the conditions of cross-border business. In addition, we carry out comparisons between different legal systems where necessary, so that our recommendations are practically applicable to clients operating simultaneously in Bulgaria, the EU and third countries. If necessary, local legal experts from other countries are also involved to ensure that the treaty functions without legal gaps at the international level.

Can BSLC represent clients before international institutions or bodies of the European Union?

Yes. BSLC's partner lawyers prepare legal opinions, complaints, objections and other procedural documents before European Union institutions and international bodies. This includes procedures before the European Commission (for example in the case of infringements of competition law or in cross-border regulatory disputes), before the European Parliament (on matters of public interest) and before the Court of Justice of the European Union (CJEU) in Luxembourg where interpretation or application of EU law is necessary in a particular case. We also provide assistance in the preparation of complaints to the European Court of Human Rights (ECtHR) where there are grounds for violation of rights under the Convention. In complex cross-border cases, we work with a wide partner network of lawyers in different Member States to ensure consistent and high quality legal protection at every stage of the proceedings, regardless of the international competence of the body.

What assistance does BSLC provide in procedures for recognition and enforcement of foreign judgments (exequatur) in Bulgaria?

BSLC provides comprehensive assistance in the procedures for recognition and admission to enforcement of foreign judgments in Bulgaria — a process known as exequatur. This procedure is key when a client has a court decision from a foreign country, but enforcement must be carried out on property located in Bulgaria or against a person with an address or assets in the country. Our partner lawyers prepare all the necessary documents — certificates, transcripts, legalizations, translations — and prepare the requests to the competent court, which should recognize or allow the execution of the foreign act. At the same time, we coordinate with lawyers abroad when it is necessary to provide documents or clarifications on the nature of the decision, its legal force or the order in which it was issued. After the successful completion of the procedure, we also assist in initiating enforcement proceedings through a bailiff in Bulgaria. The aim is for the client to obtain effective protection and real enforcement of the already issued court decision, regardless of the country in which it was issued.

Questions about Civil Litigation and Procedural Law in Bulgaria

How does a lawsuit begin with the assistance of BSLC lawyers?

The initiation of a court case always takes place in stages and in a carefully structured order, because the initial preparation often determines more than 80% of the success further. The process follows the general order of the Code of Civil Procedure, but it is structured so that the client receives maximum clarity even before the filing of the claim and begins with a detailed initial consultation, which performs the function of “pre-examination” - the same as when a doctor makes a diagnosis before treatment. At this stage, lawyers collect all relevant facts and evidence, assess the legal basis of future claims, clarify the risk, burden of proof (art. 154 GPC) and procedural options. After that, the necessary procedural documents are prepared - for example, a statement of claim, a private appeal or an appeal - which must meet the requirements of Art. 127—129 CAP (details of the parties, factual grounds, petition, annexes, fees). Lawyers also determine the competent court according to the rules of jurisdiction (art. 105—118 GPK). After filing, the court conducts an official check of the regularity and admissibility of the claim (Art. 129—130 GPC), and once initiated, the case follows the open hearing procedure, where BSLC lawyers represent the client, attend meetings, make evidentiary requests and monitor compliance with all procedural deadlines. The client is regularly informed about the progress of the case, which is part of the procedural care and provides a sense of control and predictability.

Can a lawsuit be avoided and the dispute resolved out of court?

Yes. At BSLC, we believe that litigation is a tool that should only be used when there is no more efficient and customer-friendly path. In many cases, the dispute can be resolved by negotiations, written communication, Mediationor out-of-court settlement— an approach that often saves considerable time, resources and stress. Even the law itself encourages voluntary settlement of disputes, and practice shows that in many cases this is the most reasonable approach. The BSLC first assesses whether there is a real possibility of an out-of-court settlement through negotiation, mediation or exchange of formal notifications/invitations. This is analogous to a situation where, in the event of a technical problem, a “repair” is sought, instead of immediately “replacing the entire mechanism”. In the legal sense, the court also motivates the parties to a voluntary settlement and during the process itself (art. 140 and art. 145 GPK). If both parties are willing, lawyers draw up a draft agreement, which, if necessary, can be submitted to the court for approval as a court settlement. This allows to save time, costs and emotional strain.

What are the possibilities for out-of-court settlement of a legal dispute in Bulgaria and what is a court settlement?

Out-of-court settlement involves several instruments: direct negotiations, written agreement, mediation or court settlement. The judicial settlement is the strongest form because the law gives it the force of a court decision that has entered into force — Article 234, para. 3 GPK. That is, it can be executed directly through a bailiff, like any court decision. The agreement is approved by the court, if it does not contradict the law and good manners, and is entered in the court record. The law also provides a financial incentive: if the case ends with a settlement, the plaintiff is reimbursed 50% of the state fee(art. 78, para. 9 GPK). If the settlement is reached in a mediation procedure (Art. 140a-140b of the CCP), the recovery is even greater — 75% of the fee. It is a legislative mechanism that promotes the peaceful resolution of disputes, similar to a discount on “early payment” in commercial relations — the state incentivizes parties not to burden the judiciary unnecessarily.

What does legal representation mean and why is it important for a lawyer to lead the case?

Procedural representation is the power of a lawyer to carry out all procedural actions on behalf of his client: to file claims and complaints, participate in meetings, make evidentiary requests, objections, conduct negotiations and defend the rights of the party during the entire process (art. 32—34 GPK). It is analogous to having a professional pilot when you have to fly a complex aircraft — the client can “fly alone”, but the risk of mistakes is huge. In the judicial process, any formal error can lead to the loss of a case due to inadmissibility, a missed deadline or an incorrectly filed claim. The law is strict with procedural rules, and the court cannot “compensate” for inept actions of any of the parties. Therefore, legal representation, especially in Bulgaria, is key when the stakes are high.

What costs should the client expect in a court case?

In addition to attorney's remuneration, the client must provide state fee, which is due upon filing of the statement of claim by the plaintiff and constitutes a mandatory condition for the admissibility of the proceedings pursuant to Art. 73 GPK. It is a kind of “entrance threshold” to the judicial system and is calculated on the so-called claim price — the total material interest of the party. To this fee are added costs associated with proving the facts, likedeposits for remuneration of experts for the preparation of expert opinions,whose appointment is provided for in Art. 195—203 GPK; they can vary greatly depending on the complexity of the expertise.If the case involves documents in a foreign language, provision should be made costs for a sworn translator, Since Art. 4 The GPC requires that the proceedings be conducted in Bulgarian and the court accepts only documents with an official translation. Costs may also be incurred for witnesses, to require documents from institutions,as well as for precautionary measures,when a deposit is required in order to provide security for the claim pursuant to art. 389 GPK. After all, the costs of the parties are distributed by the court according to the rule of Art. 78 GPK, according to whichthe losing party must bear both its own and the other party's costsinsofar as they are necessary and proven.

What are the stages of civil proceedings in Bulgaria?

The civil process in Bulgaria is strictly structured and goes through a series of successive stages, each of which has clearly defined legal consequences and procedural requirements. In order to initiate a civil case, it is necessary to prepare a statement of claim, which must meet the content requirements under Art. 127 GPC and be accompanied by the necessary annexes under Art. 128 GPK. After receiving it, the court carries out an official check for regularity and admissibility under Art. 129—130 GPC; if it is ordinary, the court orders the initiation of the case and sends a copy to the defendant, who has a period of one month for a written reply under art. 131 GPK. After the completion of the exchange of papers, the court proceeds to the phase of preparing the case in a closed session under Art. 140 GPC, in which it clarifies the subject of the dispute (that is, what is being argued about), accepts evidence and gives directions to the parties. After this preparation, an open court hearing is scheduled, at which the evidence is collected and analyzed, the experts and witnesses are heard, and the parties present their legal arguments. The court issues a decision after the completion of the oral competitions. The decision is subject to appeal to the district or appellate court under the procedure of Art. 258—280 GPC, and the appellate instance may confirm, amend or annul the decision. A cassation appeal (that is, in the third instance) before the Supreme Court of Cassation is admissible only in the presence of the grounds limitatively specified in Art. 280 GPC — the existence of a legal question of principle, a contradiction with case law or the need to develop the law. This makes the cassation instance a kind of “filter”, through which only cases of a significant legal nature reach. Unlike systems such as the Russian one, where there are multi-level cassation mechanisms, in Bulgaria cassation is unified, which ensures higher stability of judicial practice. At any stage of the trial, the parties may terminate the case by means of a court settlement, which, according to Art. 234, para. 3 GPC has the force of a decision that has entered into force, and Art. 78, para. 9 The CAP provides for a financial incentive for the parties by returning part of the state fee. This comprehensive model transforms the civil process into a predictable but professional system in which legal protection is key to successfully passing through all procedural phases.

What happens if the case goes through several court instances?

When a case is heard successively by the first, appellate and, under certain conditions, cassation instance, the trial constitutes a kind of “climb up the judicial ladder”, in which each step above checks the legality and correctness of the previous decision. In appeal proceedings, for example, the court checks the admissibility and correctness of the appealed decision, admits new evidence under certain conditions and schedules the case in an open hearing — the procedure provided for in Art. 267 GPK. If the parties have not been referred to the mandatory information meeting for mediation in the first instance, the appellate court may oblige them to participate in one pursuant to Art. 140a of the CCP. In the cassation instance, control is even more limited and is allowed only on specific grounds under Art. 280 GPC — where there is a substantial legal issue or conflicting case-law. For the client, this means that the case can change its scope and pace in any instance, and BSLC's partner lawyers provide continuous litigation representation, analyze prospects at each level and adapt the strategy. This is similar to a situation where a case goes through several “filters” — each subsequent filter is finer and more precise than the previous one, and success depends on whether the arguments and evidence stand up to legal scrutiny at each stage.

Can BSLC lawyers represent the client in negotiations for the purpose of concluding an agreement?

Yes. Procedural representation in negotiations is a key part of legal protection, especially when the parties seek an out-of-court settlement of the dispute. BSLC lawyers can negotiate on behalf of the client at all stages — before the trial, during a pending trial and even at an appellate or cassation instance. The CPC provides for special mechanisms to encourage voluntary settlement of the dispute — for example, the possibility for the court to approve a court settlement that has the force of a legally binding decision and is not subject to appeal (Art. 234, para. 3 GPK). Upon reaching an agreement, a significant part of the state fee is refunded — up to 50%, and in the case of mediation — up to 75%, according to Article 78, para. 9 GPK. In practice, this means that well-conducted negotiations can save time, resources and future conflicts. We can compare it with the repair of a house: if the parties agree on how to repair the problem element even before the huge damage, instead of waiting for the “storm” (lawsuit), the result is faster, cheaper and less destructive. Lawyers play the role of architects — they shape the solution so that it is legally sound and sustainable over time.

What are the standard deadlines for considering civil cases in Bulgaria?

The time limits vary greatly depending on the complexity of the case, the workload of the court and the need to prepare expert opinions, the number of witnesses and whether they appear on time when summoned to attend scheduled court hearings and the time required to gather all the evidence. As a rule, first instance cases are heard within 6 to 12 months, although in busy courts — for example the Sofia District Court — the time limit can be considerably longer. In the presence of multiple witnesses, experts or if the case has an international element, the case may last several years in only one instance. After making a decision, the party has a certain period of appeal (usually 2 weeks), after which the case can continue before the court of appeal. The appeal phase can also take between 6 months and 1—2 years, and cassation proceedings are allowed only under certain conditions under Art. 280 GPK, and after admission it can last up to a year. It is similar to a process that involves several “control phases” — if each subsequent control phase requires further clarification of the facts or law, the time until the final decision is inevitably lengthened. BSLC lawyers provide the client with a realistic assessment of the deadlines right from the start, based on our experience and the specifics of the specific case.

What is mediation and does the BSLC provide assistance in such procedures?

Mediation is a voluntary and confidential procedure in which the parties try to reach an agreement with the help of a trained mediator — a neutral third party. In Bulgaria, mediation is integrated into the civil process itself through Art. 140a and Art. 140b GDPR, which provide for a mandatory information meeting for mediation in certain types of cases (e.g. disputes between co-owners, family cases, etc.). Even when the case has already been initiated, the court may oblige the parties to participate in an information meeting for mediation without suspending the proceedings — according to Art. 140b, para. 1 GPC. If the parties reach an agreement, the court may approve it as a judicial settlement under Art. 234 GPC, which has the force of a final decision. The financial incentive is extremely serious - up to 75% of the state fee is returned to the plaintiff. Unlike many other countries, Bulgarian law actively integrates mediation into the judicial process and makes it a real alternative to lengthy court proceedings. BSLC's lawyers are actively involved in these procedures — preparing a legal position, structuring agreements and defending the client's interests so that the decision reached is legally sound and enforceable. We can compare it to a negotiation between two companies that, instead of reaching a protracted arbitration, decide to reach a quick and pragmatic compromise with the help of professionals.

Can the BSLC help if an already concluded contract turns out to be unfavorable or legally questionable?

Yes. This is a situation that we encounter frequently, especially in international or commercial relations. Sometimes a client signs a contract without realizing the consequences — for example, penalty clauses, automatic renewal, arbitration clauses in foreign jurisdictions, or unfair terms. Our team carries out a detailed legal analysis of the concluded contract, assesses its validity, legality and potential risks. If there is a legal basis, we can assist in the amendment, termination or annulment of certain clauses. If necessary, a strategy for judicial or arbitral proceedings shall be drawn up. Many clients describe this as a “second doctor's examination” — a specialist who sees what was initially missed. BSLC lawyers do not just point out the problem, but give clearly structured options for action, explain the consequences of each choice and offer a specific protection plan.

Issues in the field of migration law and protection of foreigners in Bulgaria

What are the grounds for obtaining a long-term residence permit in Bulgaria?

The long-term residence permit is granted to foreigners who meet one of the grounds exhaustively listed in Art. 24, para. 1 ZCHRB. These categories cover a wide range of factual situations and include family ties with Bulgarian citizens as well as economic, educational, religious, labor and other grounds. The most common applicable hypotheses are related to the presence of a spouse, parent or child — a Bulgarian citizen (Art. 24, para. 1, item 3), training in an accredited Bulgarian educational institution (Art. 24, para. 1, item 9), employment with an approved employer and authorized access to the labor market (art. 24, para. 1, item 1), as well as residence based on the registration of a commercial representation of a foreign company (Art. 24, para. 1, item. 6). The law also includes special grounds such as participation in humanitarian, cultural or religious activities (art. 24, para. 1, item 13), as well as international protection granted. Although these grounds are diverse in nature, what they have in common is that the foreigner must prove both the specific ground and the fulfillment of the general conditions: insured housing, health insurance, sufficient means of subsistence at least in the amount of the minimum wage for each month of the requested period, as well as the provision of a valid identity document - all the requirements that follow Directly from Art. 24, para. 2 ZCHRBand the corresponding provisions of the Regulations for the implementation of the ZHRB.

The procedure begins with personal submission of an application to the relevant “Migration” unit of the Ministry of Interior, according to Art. 14, para. 1 of the PPPCRBby presenting the documents proving the grounds, financial means and the availability of housing in which the foreigner will reside on a valid legal basis. All documents issued abroad are subject to legalization by apostille or consular attestation and to an official translation into Bulgarian by virtue of the § 13 and § 14 of the Supplementary Provisions of the PPPCRB. The usual time limit for a ruling varies between two and six months depending on the specific ground and the workload of the local administration. Obtaining a long-term residence permit gives the foreigner the right to reside in Bulgaria for a period of up to one year, and the permit can be renewed many times subject to compliance with all legal conditions. In this sense, a long-term residence permit can be compared with a “temporary status of residence”, analogous to a temporary residence permit in Russia or a temporary type of residence in Ukraine, but with a pronounced administrative nature and strict requirements regarding the proof of the grounds in each renewal.

Is it possible to directly apply for a permanent residence permit in Bulgaria without having previously had the status of a temporary resident?

The permanent residence permit is the highest form of long-term status for foreigners under Bulgarian law and according to the law it can be granted immediately — that is without prior possession of a long-term residence permit, but only in the exceptional cases expressly listed in Art. 25, para. 1 ZCHRB. These hypotheses include categories in which the foreigner's relationship with Bulgaria is so strong that the legislator assumes that he can be “equated” with a Bulgarian citizen in terms of the right of residence. Among them are: persons of Bulgarian origin (Art. 25, para. 1, item 1), who can prove Bulgarian roots in ascending line; persons who have been married to a Bulgarian citizen for not less than five years and have actually settled in the country (Art. 25, para. 1, item 2); parents of a minor Bulgarian citizen a person who lives with them and they take real care of him (Art. 25, para. 1, item 11); as well as investors who have made significant investments in the Bulgarian economy, for example an investment in an amount determined by law or the creation of a certain number of jobs (Art. 25, para. 1, t. 6). This is an important feature of the Bulgarian system — there is practically no analogue in Russia or Ukraine, since there the status corresponding to a permanent residence permit is obtained only after a preliminary period of temporary residence.

For all other foreigners — including those residing in the country on the basis of commercial representation, employment, training, religious activity or other grounds under Article 24 — obtaining permanent resident status is possible only after at least five years of legal and continuous residence in Bulgaria, as provided in Art. 25, para. 1, item 7 ZCHRB. The law is categorical that during this five-year period, a foreigner cannot be absent from the country for more than six months within a calendar year and in total for more than ten months for the entire period, a condition that arises from Art. 25, para. 2 ZCHRB. In case of violation of these restrictions, the term is interrupted and begins to run again. When applying for permanent residence in Bulgaria, the foreigner must prove the existence of a dwelling used by him on a valid legal basis, stable means of subsistence, a valid identity document, the absence of a ban on entry into the country and the absence of grounds for a threat to national security. Documents issued abroad are subject to legalization and translation in accordance with the requirements of the PPCHR, and the procedure is carried out by submitting an application to the relevant structure “Migration”. The refusal is subject to judicial appeal under the procedure of Art. 58 ZCHRBand in accordance with the Administrative Procedure Code before the relevant administrative court.

How long can a foreigner stay in Bulgaria with a long-term residence visa (type D visa) and what documents are needed to apply for a long-term residence permit?

The long-stay visa, known as visa type D, is a national visa that allows a foreigner to enter the Republic of Bulgaria for the purpose of residence for a period longer than 90 days. It is arranged in Art. 15 of the Law on Foreigners in the Republic of Bulgariaand represents mandatory preconditionin order for the foreigner to apply for long-term residence permitexcept in the exceptions expressly provided by law.

The validity period of the long-term residence visa is up to 180 days(six months) from the date of its issuance. It can be single or multiple, allowing the foreigner to enter the country one or more times, according to the check mark placed on the visa itself. Its function is similar to an “entrance ticket”: it does not give a right of residence in itself, but only provides an opportunity to apply for a residence permit within 90 days from the date of entry into the country.

Submission of an application for a long-term residence permit is carried out in person in territorial unit “Migration” of the Ministry of Internal Affairs, according to Art. 26, para. 1 of the Law on Foreigners in the Republic of Bulgaria(in the section on document requirements). The following shall be attached to the application:

valid passportwith a type D visa affixed;
document certifying the legal basis for residence(e.g. commercial representation documents, employment contract, certificate of enrollment as a student, notarized document of family relationship, etc.);
document certifying the presence of housingin Bulgaria — rental agreement or title document;
evidence of sufficient means of subsistence, not less than the minimum wage for each month of the claimed period;
valid health insurancefor the entire period of the requested residence;
receipt for paid state fee
.

According to § 13 and § 14 of the Regulations for the Application of the Law on Foreigners in the Republic of Bulgariaall documents issued abroad must be officially translated into Bulgarian and legalizedOtherwise, the administration does not accept them.

In case of non-compliance with the deadlines for submission or incomplete/discrepancy in the documents, the application may be refused and the residence — considered illegal. The law expressly provides that in case of serious violations, a foreigner may be included in a list of undesirable persons or be imposed on him a forced administrative expulsion measure under Art. 44 of the Law on Foreigners in the Republic of Bulgaria.

What happens if the term of the long-term residence permit expires and the foreigner does not apply for extension on time?

According to Art. 26, para. 1 of the Law on Foreigners in the Republic of Bulgaria, the foreigner is obliged to submit an application for the extension of the long-term residence permit at the latest 14 days before its expiry. This period is key because it represents the boundary between “regular” and “irregular” residence.

If the application is not submitted within the legal deadline and there are no good reasons, the foreigner automatically loses its status as a legal resident. This means that from the date of expiration of the document the person turns out to be on the territory of Bulgaria without a valid reason for residencewhich the law treats as an administrative offense.

In such a situation, coercive administrative measures may be applied under Art. 44 of the Law on Foreigners in the Republic of Bulgaria, including:
— forced removal from the country;
— a ban on entry;
— entry into the Schengen Information System, which may lead to a travel ban in other Member States.

The law allows the foreigner to submit an application after the deadline, but only if he presents evidence of objective and respectable reasons— for example, serious illness, force majeure or other events which have actually prevented the submission of the documents. Acceptance or rejection of these arguments is entirely at the discretion of the competent administrative authority. If a refusal is issued to extend the permit or if a coercive measure is imposed, the alien has the right to appeal under Article 58 of the Law on Foreigners in the Republic of Bulgaria— in 14-day period, with judicial control being carried out in the order of the Code of Administrative Procedure.Here it is important to emphasize that administrative and judicial control is based not only on whether there is a formal delay, but also on whether the foreigner has fulfilled all other material requirements for residence. That is, even if the late application is considered admissible, it will only be granted if all the legal prerequisites for continuing the residence are present.

Can a refusal to issue or renew a long-term or permanent residence permit be appealed?

Yes. Bulgarian legislation provides for a full possibility of appeal against any refusal related to the granting, extension or restoration of a long-term or permanent residence permit. According to Art. 26, para. 11 of the Law on Foreigners in the Republic of Bulgariathe refusal “shall be reasoned, notified to the persons concerned and subject to appeal under the Code of Administrative Procedure”.
In parallel with this Art. 58 of the same lawestablishes the general procedure for judicial appeal of administrative acts of the Migration Directorate.

The appeal against refusal is filed within 14 daysfrom its service — this is the general administrative period under the APC and also applies in case of refusals under the CRPD in Administrative Courtat the location of the territorial Directorate “Migration”, which issued the refusal. The proceedings are entirely judicial and involve an examination of both factual grounds and legality.

If the refusal leads to adverse consequences - for example termination of legal residence or forced eviction, the foreigner has the right to demand suspension of pre-executionuntil the end of the court proceedings. This is especially important because the mandatory administrative measures art. 44 of the lawmay lead to inclusion in prohibition lists or in the Schengen Information System (SIS) in the event of illegal residence or failure to comply with the prescriptions, as is apparent from the provisions of the Implementing Regulations.

In the event of a refusal motivated by risks to national security or public order, the special regime under Art. 10, para. 1, items 1—3 and Art. 26, para. 12 of the ZHRB, according to which the reasons may be set out in a separate document containing classified information, drawn up under the Law on Protection of Classified Information.

The case can be heard behind closed doors, but the foreigner has the right to a lawyer, including one with special access to classified information, designated by the court.

The court may to cancel the refusalby requiring the administration to re-examine the application, to order the issue of the permitwhen the facts are unquestionably established, or to confirm the refusalif the violation or lack of grounds is proven.

Revocation of a refusal is frequent in cases of formal errors, lack of reasons, incorrect interpretation of the grounds under Art. 24 and Art. 25 or in the case of wrongful accusations of fictitious marriages, false data or other violations.

BSLC lawyers have extensive experience in appealing against refusals of the Migration Directorate to the Ministry of Interior, preparing a full-fledged complaint, evidentiary annexes to it and leading the procedural representation in court to a final decision.

Does BSLC provide assistance in the registration of Bulgarian commercial companies by foreigners?

Yes. BSLC's partner lawyers provide full and detailed legal assistance in the registration of foreign companies in the Republic of Bulgaria, and the process is carried out in accordance with the requirements of the Commercial Law and the Law on the Commercial Register and the Register of Non-Profit Legal Entities. Registration of a company does not require a foreigner to have a residence permit; it can be carried out both in personal presence and completely remotely by a notarized power of attorney. Our lawyers prepare all the necessary constituent documents — a memorandum of association for single-member companies or a company agreement for companies with several partners — as well as the necessary applications, declarations by law, samples of signatures and decisions of the sole proprietor or general meeting on the choice of manager, seat and address of management. The BSLC arranges all communication with the Registry Agency, including the submission of applications to the Commercial Register, the provision of a collection account for the deposit of capital, assistance in opening current bank accounts, VAT registration and, if necessary, registration in special registers (for example for trading in certain goods or for the exercise of regulation) activities). When working with foreigners, legalization procedures and translation of documents are of fundamental importance — all acts issued abroad are prepared in accordance with international requirements (apostille or consular legalization) and are translated by a sworn translator so that they are acceptable to the Bulgarian institutions. The BSLC ensures the proper structuring of corporate governance, compliance with the requirements regarding beneficial owners and notifications under the Anti-Money Laundering Act, and the selection of the most appropriate legal form (e.g. limited liability company, joint-stock company, foreign entity branch or commercial agency). In addition to registration, our team also provides subsequent legal services, including drafting of contracts, internal corporate acts, employment relations, tax advice and preparation of a complete legal framework for starting a business in Bulgaria.

Does BSLC provide assistance for obtaining Bulgarian citizenship through investments?

Yes, but with a very important clarification. BSLC provides full legal assistance in all matters related to the acquisition of Bulgarian citizenship in connection with investments, providing not only consultation, but also comprehensive procedural and administrative control at every stage of the procedure. However, you should bear in mind that after the amendments to the Bulgarian Citizenship Act and the Law on Foreigners in the Republic of Bulgaria in 2022—2023, the Bulgarian legislation definitively eliminated the possibility of direct granting of citizenship on the basis of investment, which means that the so-called “golden passports” no longer exist as a legal mechanism. In the current regime, the investment can only serve as a basis for obtaining a permanent residence permit pursuant to Art. 25, para. 1, item 6 of the Law on Foreigners in the Republic of Bulgaria, after which the applicant can proceed to the standard naturalization procedure under the Bulgarian Citizenship Act, which includes a minimum period of legal residence, proof of income or means of subsistence, availability of housing, absence of tax and administrative offenses, as well as fluency in the Bulgarian language. BSLC lawyers carry out a preliminary analysis of the investment project, check its compliance with the legal requirements, prepare the necessary documents to prove the investment, prepare the applications for the issuance of a permanent residence permit, provide legal protection in case of possible refusal and represent the client before the Ministry of Justice, Migration Directorate at the Ministry The internal affairs, as well as before all other competent state institutions. It also assists in the procedures for verifying the origin of funds, notarization, banking operations, legalization of foreign documents and interaction with state authorities, so that the client has a fully protected and transparent structured legal process until the moment of acquiring citizenship.

Does BSLC provide legal analysis of investment projects and does it work with investors who do not speak Bulgarian?

Yes. BSLC provides comprehensive legal expertise to investment projects in Bulgaria, including assessment of their legality, compliance with the requirements of the Investment Promotion Act, planning and construction regulations, environmental legislation, tax regime and specific administrative regimes governing the relevant sector. The team performs verification of documents of ownership or established property rights, analyzes the commercial structure of transactions, assesses the risks in the contractual relationship and proposes an optimal corporate and tax architecture according to the investor's objectives. This service is especially valuable for foreign investors who do not always know the local regulatory requirements and are therefore exposed to risks of refusals, sanctions or blocking of a project. In addition, BSLC provides assistance in investments that are used as a basis for obtaining a permit for long or permanent residence under the Law on Foreigners in the Republic of Bulgaria, taking over the preparation, legalization and translation of all necessary documents, communication with state authorities and representation in administrative proceedings. The team works daily with clients who do not speak Bulgarian, providing legal services in Russian and English, and if necessary — organizing sworn translations, notarial attestations, apostille, communication with banks and notaries, drafting contracts and legal opinions in the client's language. All procedures — from investment planning to actual implementation and subsequent migration or corporate actions — can be implemented without language barriers, with BSLC ensuring full transparency, legal certainty and protection of the investor's interests at every step of the process.

Does BSLC work with investors who do not speak Bulgarian?

Yes. BSLC works daily with foreign investors who do not speak Bulgarian, providing comprehensive legal services in Russian and English, and, if necessary, with the help of sworn translators in other languages. This allows all stages of the investment, corporate or migration process to be carried out without language barriers and with full clarity about the legal consequences of each action. Our lawyers and consultants prepare contracts, notarial deeds, legal opinions, corporate documents, applications to state institutions and all correspondence in the language preferred by the client, while at the same time providing official translations and legalization of documents through apostille or consular attestations, when required by Bulgarian legislation. In processes such as acquiring real estate, registering a commercial company, structuring an investment project or applying for a residence permit, BSLC undertakes full communication with all institutions — banks, notaries, Registry Agency, Ministry of Interior, Ministry of Economy and Industry, municipal authorities — so that the client is not hampered by linguistic, administrative or technical features. In this way, investors who do not speak Bulgarian receive the same level of protection, information and legal certainty that a local market participant would have, with BSLC ensuring that every legal step is accurately translated, correctly understood and executed in accordance with the current legislation of the Republic of Bulgaria.

Questions about company registration and commercial law

How long does it take to register a company in Bulgaria with the participation of BSLC?

The registration of a company in Bulgaria — most often a limited liability company or a sole proprietorship with limited liability — usually takes between three and five working days from the submission of the documents in the Commercial Register to the Registry Agency, and the period may be even shorter in the absence of irregularities in the documents and when using a qualified electronic signature for filing the application. BSLC's partner lawyers prepare the entire package of constituent documents, including a memorandum of association or company agreement, a sample of the manager's signature, decisions of the sole proprietor or general meeting, declarations under the Commercial Act and the Commercial Register Act, and arrange the opening of a collection bank account to deposit the capital, as well as and the issuance of a certificate of contributed capital. The filing can be done completely remotely through a notarized power of attorney, which allows foreign investors to register a company without being physically present in Bulgaria. Compared to jurisdictions such as the Russian Federation, the Bulgarian system is considerably more relaxed, since standard forms do not require notarization of the articles of association or the documents of the partners, and the process itself is administratively concentrated before the Registry Agency, without the need for visits to numerous institutions. BSLC's lawyers also coordinate all follow-up actions — registration under the Value Added Tax Act, entries under the Anti-Money Laundering Act, registration of employment contracts, opening of current accounts and providing a legal address — so that the company is fully prepared to start operations.

What legal protection does BSLC offer against unfair competition?

BSLC provides comprehensive legal protection in all matters related to violations of the rules of fair competition, representing its clients both before the Commission for Protection of Competition (an independent specialised body analogous in functions to antitrust authorities in other countries) and in administrative and civil legal proceedings. Our lawyers prepare complaints and alerts for manifestations such as misleading commercial practices, dissemination of false information, improper use of trademarks or designations, imitation of products, illegal acquisition or use of a trade secret, predatory pricing, tied sales and all other actions expressly prohibited by the Protection Act of the competition. For clients, a legal analysis of the evidence is carried out, the economic impact of the infringement is assessed, protection strategies are drawn up in the course of proceedings before the Commission and, if necessary, cases are brought before the administrative courts to review the acts of the regulator. The BSLC also assists in situations where the client is himself accused of an infringement by defending his interests in inspections, infringement proceedings and in the determination of sanctions. In this way, we provide comprehensive protection to companies against practices that violate their rights or market positions.

Does BSLC provide legal assistance in buying a business and in due diligence of a company in Bulgaria?

Yes. BSLC conducts a comprehensive legal due diligence of commercial enterprises, companies, assets and investment projects in Bulgaria, covering all key aspects that may affect the value, legal status or risk of the acquisition transaction. Our team checks the constituent documents, entries in the Commercial Register, contracts between partners, corporate structure, decisions of management bodies, labor relations, permits and licenses, judicial and administrative proceedings, encumbrances (mortgages, pledges, foreclosures), tax status, existence of obligations, as well as validity and operation commercial contracts with key counterparties. Such verification is particularly important when acquiring company shares, shares, real estate, commercial enterprises or individual assets, as it allows the client to assess the real state of the business, avoid hidden risks and provide for the necessary contractual protections. Based on the analysis, we prepare a detailed report with findings, recommendations, identified risks and proposals for contractual protection mechanisms, including guarantees, collateral, deferred payment terms, price adjustments or liability clauses. BSLC also assists in structuring the transaction, prepares the draft purchase and sale agreements, share transfer agreements and all accompanying documents, as well as represents the client in negotiations and notaries.

Can BSLC help with a breach of contract by a counterparty?

Yes. BSLC's partner lawyers provide full legal protection in cases of default or improper performance of contractual obligations by counterparties — whether it is a tenant, supplier, buyer, contractor, partner in a commercial agreement or another party to a contract. Our team carries out an analysis of the contract and accompanying documents, assesses the nature of the violation and possible consequences, then prepares notarial invitations or official notices, which under Bulgarian law often constitute a mandatory prerequisite for moving to court proceedings. We strive first for a voluntary settlement through negotiation, mediation or an agreement reached when it is in the client's interest, often saving costs and time. If necessary, we initiate legal proceedings to seek contractual liability — including claims for default, compensation for damages and lost profits, claims for performance in kind, breach of contract or protection of specific rights (e.g. in the case of commercial leases, construction contracts or real estate transactions). At each stage, the BSLC offers the most effective protection strategy tailored to the specific interest of the client, the economic consequences and the likelihood of successful litigation.

Does the BSLC provide assistance in matters of double taxation and transfer pricing between related companies from different countries?

Yes. BSLC has specialized practice in the field of international tax law and provides comprehensive advice on issues related to the implementation of double taxation treaties concluded between the Republic of Bulgaria and other countries (over 70 international treaties), including countries such as Russia, Ukraine, the United States, the United Kingdom and the majority of European countries. In addition, our team advises on the issues of transfer pricing between related parties in accordance with the Corporate Income Tax Act, the Tax and Insurance Procedure Code and the guidelines of the National Revenue Agency. BSLC assists in drawing up intra-group pricing policies, prepares the necessary transfer pricing documentation, performs benchmarking of market conditions, participates in tax audits and defends clients in disputes arising from audit acts. Our lawyers represent our clients, including large international companies, both before the NRA authorities and in subsequent administrative appeals and judicial review procedures before administrative courts.

Intellectual property and copyright issues

How can I prove that I am the author of a work?

Under Bulgarian law, proof of authorship is facilitated by the presumption established in the Law on Copyright and Related Rights, according to which the author is considered the person whose name, pseudonym or identifying mark is indicated in the usual way on the original, copy or medium of the work. This follows from the provision of Article 6 (1) of the Copyright and Related Rights Act, which states that “until proven otherwise, the person whose name or mark is indicated on the work shall be deemed to be the author”. This presumption has probative force and shifts the burden of rebuttal to the party claiming that the person is not the actual author, for example in disputes over plagiarism or unauthorized use. If the work does not contain an author's designation, authorship can be established by witness testimony, electronic evidence (metadata, IP logs, file versions), contracts, correspondence, notarial deposits, registration in collective rights management organizations or any other means of proof permissible under the Code of Civil Procedure. In practice, proof through “creation history” is also often used - displaying work files, drafts, screenshots or other materials that demonstrate the creative process.

Which main types of intellectual property rights are protected in Bulgaria?

Bulgarian legislation provides protection for a wide range of intellectual property objects, the main categories of which are copyright, patent rights, rights to utility models, trademarks, industrial designs and specific rights in the field of film and audiovisual industry. According to Art. 1 of the Law on Copyright and Related Rights, protection covers “works of literature, art and science”, including literary texts, music, software, architectural works, photography, audiovisual works, etc. In contrast, patents and utility models are governed by the Law on Patents and Registration of Utility Models, which in Art. 1 establishes that patent protection is granted to inventions that possess novelty, inventive step and industrial applicability, while utility models receive more relaxed but shorter protection. In the field of the film industry, the Law on the Film Industry in Art. 3 qualifies audiovisual works as objects of cultural importance and regulates a special protection regime. International protection is guaranteed through Bulgaria's participation in the European Patent Convention, which allows the filing of a single application for recognition of a patent in multiple countries, as well as through other international treaties in the field of intellectual property.

How long do copyrights last and what happens after they expire?

Bulgarian legislation provides for one of the longest internationally recognized terms of copyright protection — rights continue throughout the life of the author and seventy years after his death, as provided for in Article 27, para. 1 of the Copyright and Related Rights Act. In the case of co-authored works, the term begins to run after the death of the last surviving co-author (art. 27, para. 2). After the expiration of the term, the work passes into the so-called public domain, which means that anyone can legally use it without permission and without payment of remuneration. However, the non-property rights of the author — such as the right to a name, the right to protect the integrity of the work and the right to recognition of authorship — remain protected indefinitely, since they constitute moral rights related to the person. For example, after the expiration of the term, a book can be freely republished, but the publisher is obliged to indicate the name of the author and not distort the work.

When does the protection of an author's work, patent or film work arise?

Copyright protection arises automatically at the time of creation of the work, without the need for registration, deposit or any administrative formality, which follows from Art. 2 of the Law on Copyright and Related Rights. This means that once the creative idea is materialized — for example, a composed melody, a written text, a design created, a program in code — the author already has protection. In contrast, patent protection does not arise automatically; it is acquired through an official procedure before the Patent Office, after examination and registration, as Article 37 (1) of the Law on Patents and the Registration of Utility Models expressly stipulates that the patent becomes effective from the moment of publication of its issuance. For utility models, there is an analogous, but simpler mode. In the case of audiovisual works, rights arise from the moment of creation of the film or other audiovisual product, with Article 5 of the Film Industry Act regulating the rights and responsibilities of its creators. In practice, this means that the legal protection of authors, directors and producers begins even before public broadcasting or commercial distribution.

Which international mechanisms ensure the protection of the rights of Bulgarian authors and inventors?

Bulgaria actively participates in the international system of intellectual property protection and this provides Bulgarian authors, inventors and enterprises with ample opportunities for international protection. In the field of patent law, the State is a party to the European Patent Convention, which allows a single application to be filed through the European Patent Office, and the protection obtained can be recognized in multiple Member States. Regarding copyright, Bulgaria is a party to the Berne Convention for the Protection of Literary and Artistic Works, which obliges all countries — more than 180 countries — to automatically recognize copyrights arising in other countries. Article 3 of the Copyright and Related Rights Act provides for the direct operation of international treaties, which means that the Berne Convention takes precedence in cases of contradiction. In addition, Bulgaria participates in the treaties of the World Intellectual Property Organization, the Madrid System for International Trademark Registration, the Hague System for Industrial Designs and other key international mechanisms. These instruments allow Bulgarian rightholders to protect their works and inventions on a global scale, as well as to exercise their rights abroad through uniform procedures.