The Minister of Justice Nikolay Naydenov received the results of the inspection he assigned to the Inspectorate of the Minister of Justice under the Judicial Power Act of the activities of a second notary - Zhelyo Kostov with jurisdiction over the District Court - Varna for transactions with notarial deeds and certification of the right of ownership over real estate acquired by individuals and/or legal entities located in the area of "Baba Alino". This was reported by the Ministry of Justice.
During the inspection, 25 notarial deeds were checked for the sale of independent units in a building, 24 notarial deeds for the sale of ideal parts of a land property “parking space“/establishment of a perpetual right of use over a “parking space“, 2 notarial deeds for the transfer/sale of real estate against an obligation to build and establish a superficies, 5 notarial deeds for the sale of land properties and 5 notarial deeds on concluded contracts for the establishment of an easement.
Numerous violations were found in the inspected notarial deeds/deeds, which are not incidental and have been established as a practice in the work of the notary's office – missing references in the information system of the Notary Chamber, missing references regarding the identification, legal capacity and representative authority of the persons appearing before the notary, missing declarations of the parties to the transactions and other documents that are mandatory by law when carrying out dispositional transactions.
Violations were found in the execution of transactions for “parking space“ and “yard space“, since the status of the land properties is “with permanent purpose – forest territory“, for which a ban on free change of the purpose of the property and construction applies.
The inspection also established that the notary committed a violation of the Spatial Planning Act (SPA) by certifying the signatures on contracts for the establishment of easements in the event that it concerns the same person, and the legal provisions allow for the valid establishment of the right of passage only through someone else's property (i.e. different persons or companies).
In view of these data, Minister Nikolay Naydenov has submitted a proposal to the Chairman of the Council of Notaries of the Notary Chamber to initiate disciplinary proceedings against notary Zhelyo Kostov.
The inspections of other notaries in the “Baba Alino“ case continue.
The information on the inspections does not predetermine the outcome of the disciplinary proceedings.