DEPARTMENT OF LEGAL SERVICES AND PUBLIC PROCUREMENT

Krasimira Karcheva- Head of Department 

Functions under “Legal Services”

  1. Providing legal representation of the Minister and the Ministry;
  2. Developing draft regulatory acts within the competence of the Minister;
  3. Providing opinions on draft regulatory acts in the field of tourism, and in all cases in which the Ministry is concerned;
  4. Preparing draft decrees, orders, decisions and protocol decisions of the Council of Ministers relating to the activities of the Ministry;
  5. Preparing opinions on constitutional matters in which the Minister is an interested party;
  6. Preparing opinions on draft international treaties;
  7. Preparing projects, coordinating the legality or giving opinions on the legality of the administrative acts issued by the Minister or her authorised officer;
  8. Drafting civil contracts, coordinating the legality of civil and employment contracts concluded at the Ministry;
  9. Giving opinions on the legality of procedures under the Public Procurement Act, State Property Act, Civil Servants Act, Labour Code, Law on Access to Public Information and other procedures conducted in the Ministry;

Functions under “Public Procurement”

  1. Participating in public procurement by:
  1. monitoring and taking responsibility for compliance with procedural rules and timetables for sending information to the Registry at the Public Procurement Agency, including recovery of guarantees for participation in the procedures;
  2. sending, including electronically, to the Executive Director of the Public Procurement Agency information under Article 5 of the Implementing Regulations of the Public Procurement Act, except for the information on the completed and terminated public procurement contracts;
  1. Providing opinions on the legality of the procedures under the Public Procurement Act.

 

Functions under “Commercial companies”

  1. Drafting acts enabling the Minister to exercises the state’s rights of ownership in the commercial companies with state participation – protocol decisions, proxies for participation in general meetings of shareholders or partners, contracts for assignment of management and control;
  2. Analyzing the financial and economic situation of commercial companies with more than 50 percent state participation in the capital and preparing all documentation relating to the approval of their annual financial statements;
  3. Exercising monitoring of the corporate governance of commercial companies with more than 50 percent state participation in the capital, organising and assisting in maintaining contacts with the authorities of the Agency for State Financial Inspection, the National Revenue Agency, the Financial Supervision Commission, the Executive Agency “Labour Inspectorate” and other state authorities;
  4. Maintaining the register under Article 35 of the Regulation for the order of exercising the rights of the State in the commercial companies with state participation in the capital adopted by Decree № 112 of the Council of Ministers of 2003 (prom. SG. No 51 of 2003; as amended, SG. No 59 of 2003; Decision № 8260 of the Supreme Administrative Court of 2005 – SG. No 79 of 2005; as amended, SG. No 54 of 2006, No. 15 2007, No 103 of 2008, No 39 and 93 of 2009, Nos. 22, 29 and 72 of 2010, No 68 of 2011 and No 49 of 2013);
  5. Monitoring and taking action on preserving the State’s interests in the commercial companies with minority state participation in their capital;
  6. Participating in the development or giving opinions on projects aimed at improving the legal basis regulating commercial and industrial relations, management of state participation, privatisation and others, with regard to the sectoral competence of the Minister;
  7. Preparing the entire documentation for the restructuring of State participation in the capital of commercial companies with state participation through transformations, increase/decrease in capital, etc.;
  8. Organising and preparing the Minister’s activities for the termination by winding up of companies in which the Minister exercises the State’s rights of ownership in the capital, in deciding to terminate the winding up and continue the operation of the commercial companies or their transformation;
  9. Carrying out monitoring of the procedures for winding up of companies with more than 50 percent state participation, in which the Minister exercises the State’s ownership rights in the capital, from their termination to their deletion from the commercial register;
  10. Organising and coordinating the tripartite partnership with employers’ organisations and the trade unions;
  11. Keeping the contracts and documents signed by the Minister in her capacity of a privatising authority concerning deals for commercial companies from the Tourism sector; making analyses and assessments and providing information and copies of transaction documents in response to applications and signals by stakeholders.

The activities related to commercial companies are implemented in coordination with the Directorate for Finance and Management of the Property.