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Incorporation of offshore companies Company registration in Bulgaria, Liquidation, Maintenance. Statute of limitations of a fine imposed by electronic ticket

The question of repayment by statute of limitations of a fine imposed by electronic ticket

The statute of limitations, as determined by the theory, is the expiration of a period determined by law, which, under additional legally established prerequisites, excludes criminal prosecution for the administrative violation or for the imposed administrative penalty in the case under consideration - a fine.

In this case, two types of limitation should apply.

The statute of limitations for prosecution (statutory limitation) and the statute of limitations for execution of the sentence (executive statute of limitations).

Statute of limitations for prosecution. the Law on Administrative Offenses and Penalties does not contain provisions regarding the ordinary and absolute statute of limitations for imposing administrative penalties, in this case a fine imposed with an electronic receipt, the Supreme Judges, at the request of the Ombudsman, ruled with Interpretive Decree №1 of 27.02.2015 according to interpretation. Case №1 of 2014.of the General assembly of judges from the NC of the Supreme Court and the General assembly of judges from the II college of the General assembly of judges , that the provision of art. 11 of the Law on Administrative Offenses and Penalties refers to the Criminal Code and, accordingly, the institute for the statute of limitations for criminal prosecution, its suspension and interruption, contained in the Criminal Code, should be applied subsidiary also to the Law on Administrative Offenses and Penalties, as in the specific case of a violation established with an electronic ticket, for which the provided administrative punishment is a fine, the term under Art. 80, para. 1, item 5 of the Criminal Code and the prosecution should be extinguished with the expiration of three years from the moment when the administrative offense was committed.

Here we should note that inaction on the part of the administratively punishing authority is necessary, and most often such inaction is expressed in failure to perform any actions to deliver the electronic ticket to the offender. Otherwise, if actions are taken to search for the offender and deliver the electronic receipt, the 3-year statute of limitations referred to above will be interrupted, and from the interruption, the same 3-year statute of limitations will begin to run again. A common action that is considered to break the statute of limitations is sending a letter with the electronic ticket.

Regardless of the fact that the statute of limitations is interrupted and a new statute begins to run, the prosecution must expire with the expiration of the so-called absolute statute of limitations. That is, if a term has expired that exceeds by one second the term for the corresponding punishment. In the referred case for a fine imposed by electronic ticket, the absolute statute of limitations is four years and six months.

Another moment is the entry into force of the corresponding administrative fine. The administrative penalty of a fine comes into effect if the received electronic ticket was not appealed within 14 days of its receipt or, accordingly, was appealed, but was amended or confirmed by the relevant District Court, possibly also by the higher instance in the person of Administrative Court.

From the entry into force of the electronic ticket, another limitation period begins to run. Statute of limitations for the execution of the imposed and legally enforced administrative fine.

The statute of limitations for the execution of the administrative fine is 2 years, in accordance with Art. 82, para. 1 letter "a" of the Law on Administrative Offenses and Penalties, as here also, the limitation period can be suspended or interrupted, respectively, it is extinguished with the expiration of a period exceeding by one second the period for the corresponding penalty. However, in the case of an administrative fine imposed, this term is not applicable, only if, within 2 years from the entry into force of the fine imposed with the electronic ticket, actions have been taken for the forced collection of the obligation. Most often, such actions in order to collect state receivables are sending the obligation to collect to the National Revenue Agency, possibly also a public bailiff.

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