The transfer of three female notaries from the province to Sofia, which Atanas Slavov did on his last day as Minister of Justice, on April 8, 2024, greatly disturbed the system. It is about moving to the capital of Yordanka Filipova from Haskovo, Teodora Trifonova from Lom, as well as Neli Ivcheva – Petrova from Pazardzhik. We have not yet assessed whether to apply for Slavov’s orders, Dimitar Tanev, head of the Notary Chamber, told “Sega”. He said it was strange that the move was made in the last days of the mandate. “Moving in our work is only an exception. The notary is connected to a special arrangement,” he said. Slavov, on the other hand, said that the move was made as a result of court decisions, which had to be implemented.
In principle, notaries are appointed to certain places in the country after a competition. However, the law allows a notary to be transferred to another area of work if he wishes, as long as there are “important reasons”. So they are defined “situations that happened independently and outside the will of the notary after he obtained his legal capacity. They can refer to his health, family situation and others, which caused at least a total or partial inability to perform notarial functions in the current situation. area of operation”. The most delicious places are in Sofia, where the transaction prices and, accordingly, the taxes are at the highest level.
The Ministry of Justice told Sega that the three notaries had previously submitted applications for transfer. The Chamber of Notaries had negative comments and the minister was not satisfied with the requests.
As for Slavov’s orders, his captors say they are the same for all three women. It is also said that the minister has the right to open additional places in the department if “there is an objective need”, and in this case, “there is no doubt that there is a reasonable need”.
Slavov told “Sega” that the decisions are for each move will be undertaken by a special committee that investigates the matter and then recommends the minister, who has little chance to intervene. “I asked to limit any movements, for 10 months they can be counted on the fingers,” said Slavov. Regarding the three cases of notaries’ transfer from the province to Sofia, Slavov explained that there are court decisions which respects the request for transfer and rejects the ministry’s arguments to reject it. The former minister explained that the former choice was to “fulfill the court’s decisions or to let him go.” out that they were tempted and not fulfilling them, to hit the ball and leave the matter to the next minister”. He confirmed that there were real medical reasons in the three cases, which were confirmed in court.
“I am interested in seeing all the documents with the files. For me, there is no scandal here,” said Slavov.
The three case studies
“Now” opened court decisions for Yordanka Filipova and for Neli Ivcheva – Petrova. According to unofficial data, only medical documents were submitted for the third notary – Teodora Trifonova.
In the decision of the administrative court in the case of Ivcheva – Petrova, it is said that she became a notary in Pazardzhik in 2016, and from the following year she is trying to move to Sofia, where she was born and she grew up. She claims that she was unable to adapt to life in a foreign city. In addition, her health condition worsened, necessitating frequent visits to Sofia. Driving every day for 220 km and more caused additional stress and tension, which had a negative impact on her health. After 2017, the notary submitted several requests to transfer to the Ministry of Justice. In November 2021, he also celebrates the birth of his premature twins. And then, however, she is rejected. At the same time, another notary was transferred to Sofia. In the end, the Administrative Court in Sofia reversed the minister’s order rejecting Ivcheva-Petrova’s transfer and ordered a new decision on the file. As a last resort, the High Administrative Court confirms this.
Regarding Yordanka Filipova, the decision of the court to find “Sega” in the records is against the silent refusal of the Minister of Justice to rule on her request to move from Haskovo to Sofia, submitted on March 5, 2021. However, the court says that the Minister is obliged to express it, and that he does not provide guidance as to what his decision should be.
There will still be competition
Competition for notaries is a very sore subject in legal circles. Both those who want to engage in notarial activity and active notaries who, naturally, do not want to compete are aware of the subject. The last competition was in 2018. At the beginning of 2023, the acting Minister of Justice Krum Zarkov announced a project to compete for a total of 52 positions for notaries in the country, of which 42 are vacant and 10 are open anew. 4 of the new locations were in Sofia, and one in Velingrad, Devin, Momchilgrad, Radomir, Slivnitsa, Tsarevo.
However, several complaints from notaries continued, because of which the competition was still in limbo. Just one year later, the Supreme Administrative Court (SAC) “launched the competition.” The next thing to do was to tell him. This was never done during the time of Minister Slavov.
The former minister explained to “Sega” that as a result of the delay, the question arose as to whether the information on which this contest is named is current. “We commissioned a report on the places for which the tournament was announced, and it turned out that there have been changes,” said Slavov. He admitted that there were different opinions within his team that as to whether the competition should be announced. He decided not to announce such a sensitive competition at the end of his term to enter this subject,” said the former minister and recalled that the main energy of the ministry was directed to the new Law on the Judge. . Slavov proposed the idea that the tournament should be ended. The relevant deputy minister – Georgi Nikolov, who retained his position in the interim government, however, believed that the competition should be announced. “If it is decided to continue with the competition, there will be a need for a big change in the order itself,” Slavov is sure.
The ministry responded in writing to “Sega” that the order of the competition will be published in the “State Gazette” next week.
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2024-04-18 03:23:59
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