EUROPEAN COMMISSION FOR
DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
JUDICIARY SYSTEM ACT
OF BULGARIA
Judiciary System Act
Promulgated, SG No. 64/7.08.2007
__________
*Note: An update of the English text of this Act is
being prepared
following the amendments in SG No. 69/5.08.2008, SG No.
109/23.12.2008
Judiciary System Act
Promulgated, SG No. 64/7.08.2007
__________
*Note: An update of the English text of this Act is
being prepared
following the amendments in SG No. 69/5.08.2008, SG No.
109/23.12.2008
Text in Bulgarian: Закон
за съдебната
власт
Chapter one
General provisions
Article 1
This Act shall set forth the structure and operational
principles of judicial system bodies, the interaction among them, as well as
that among judicial system bodies and the legislative and executive ones.
Article 2
Judicial system bodies shall be guided by the
Constitution and the principles herein set forth.
Article 3
In adopting their acts judges, prosecutors and
investigating magistrates shall be based on the law and the evidence gathered
in the case.
Article 4
Judicial system bodies shall impartially discharge
their functions.
Article 5
(1) Citizens and moral persons shall be entitled to
obtain information about the work of the Judiciary.
(2) Judicial system bodies shall be held to ensure
openness, accessibility and transparency in their actions in pursuance hereof
and in pursuance of the procedural laws.
(3) To the purpose of affording full protection, in
diverse situations as required, of the rights of citizens and moral persons and
to the purpose of implementing the criminal policy of the state, judicial
system bodies shall interact with legislative and executive bodies.
Article 6
Judges, prosecutors and investigating magistrates shall
be politically neutral in carrying out their business.
Article 7
(1) Everyone shall be entitled to a fair and open trial
within reasonable time before an independent and impartial court.
(2) Citizens and moral persons shall be entitled to
judicial protection that shall not be denied to them.
(3) Subject to the terms and procedure specified by law
citizens may obtain legal aid, which shall be financed by the state.
Article 8
(1) Judicial system bodies shall apply the laws with
precision and uniformity in respect to all persons and cases to which such laws
are relevant.
(2) No limitation of rights or any privileges based on
race, nationality, ethnicity, sex, origin, religion, education, convictions,
political affiliation, personal or social status or patrimony shall be allowed
in the discharge of functions of the Judiciary and in recruitment for the
positions at judicial system bodies.
Article 9
(1) Cases and files shall be distributed inside
judicial bodies on the basis of the random selection principle through
electronic assignment following the sequence of their intake.
(2) The random selection principle for the distribution
of cases in courts shall apply at the level of the colleges or of the divisions
and in prosecution offices - at the level of departments.
Article 10
(1) Judicial proceedings in civil and criminal matters
shall be conducted before three instances, i.e. the first, the appellate and
the cassation ones, unless otherwise provided for by law.
(2) Judicial proceedings in administrative cases shall
be conducted before two instances, i.e. the first and the cassation ones.
(3) Judicial acts that have entered into force shall
only be repealed in cases provided for by law.
Article 11
(1) A higher-standing instance shall only control the
acts of a lower-standing one in the events and in pursuance of the procedure
provided for by law.
(2) One judge may not take part in examining the same
case in different judicial instances.
Article 12
(1) Judicial system bodies shall be obligated to
examine and, in accordance with the law, to resolve any request filed with
them.
(2) The time limits specified by procedural laws in
respect to the discharge of powers attributed to judges, prosecutors and
investigating magistrates shall be mandatory for them, but shall not affect the
rights of the parties at trial.
Article 13
Proceedings before judicial system bodies shall be
conducted in Bulgarian.
Article 14
(1) Records of proceedings shall be drafted in
Bulgarian.
(2) In cases where certain words or expressions in a
foreign language have particular relevance to a case, their entry on the record
may be authorised.
Article 15
Where a court has judged that a law stands in
contradiction to the Constitution of the Republic of Bulgaria, it shall notify
the Supreme Court of Cassation or the Supreme Administrative Court, while
prosecutors and investigating magistrates shall notify the Prosecutor General.
Chapter two
Supreme Judicial Council
Section I
Legal status and composition of the Supreme Judicial
Council
Article 16
(1) The Supreme Judicial Council shall be a permanent
body representing the Judiciary and securing its independence. It shall set the
composition and work organisation of the Judiciary and shall manage its
business without interfering with the independence of the bodies thereof.
(2) The Supreme Judicial Council shall be a moral
person seated in Sofia. It shall be represented by one of its elected members,
designated by resolution of the Supreme Judicial Council.
(3) The Supreme Judicial Council shall have a round
stamp bearing an image of the coat of arms of the Republic of Bulgaria and the
words "Republic of Bulgaria. Supreme Judicial Council".
Article 17
(1) The National Assembly shall elect members of the
Supreme Judicial Council among judges, prosecutors, investigating magistrates,
full professors in legal science, attorneys at law or other lawyers.
(2) Judicial system bodies shall elect members of the
Supreme Judicial Council out of their own composition, the judges electing six,
the prosecutors - four and the investigating magistrates - one of these.
Article 18
(1) An elected member of the Supreme Judicial Council
may not:
1. Be a member of the National Assembly, a mayor or
municipal councillor,
2. Hold a position with state or municipal bodies,
3. Conduct trade or be a partner, manager or sit on
supervisory, management boards or boards of directors or in control bodies of
commercial companies, cooperatives or not-for-profit moral persons that carry
out profitable business,
4. Be remunerated for business performed under a
contract or while in a civil service relationship with a state or public
organisation, a commercial company, cooperative, not-for-profit moral person, a
natural person or sole trader, with the exception of research and teaching or
the exercise of copyright,
5. Exercise a liberal profession or any other
remunerated professional activity,
6. Be a member of political parties or coalitions, of
organisations with a political goal, carry out political activity and be a
member of organisations or conduct business interfering with his independence,
7. Be a member of trade union organisations outside the
Judiciary,
8. Have been convicted of a serious criminal offence,
notwithstanding any subsequent rehabilitation or have been discharged of
criminal liability for a deliberate offence,
9. Be a spouse, a relative of direct, or of collateral
lineage to the fourth degree, or by marriage - to the third degree inclusive,
or living together as partners with, another member of the Supreme Judicial
Council, with an administrative head of a judicial system body or with the
Minister of Justice.
(2) An elected member shall be relieved from office by
the Supreme Judicial Council where he fails to vacate office or terminate his
business under Paragraph 1 within a month of being elected.
Article 19
The National Assembly and judicial system bodies shall
elect members of the Supreme Judicial Council within up to one month prior to
the expiry of the term of office of elected members.
Article 20
(1) The election of a Supreme Judicial Council member
from the quota of the judges and prosecutors shall take place on the occasion
of separate delegate assemblies of the judges and the prosecutors at a
representation ratio of one delegate per 10 people. In case less than five
people remain unrepresented no other delegate shall be elected.
(2) The election of a Supreme Judicial Council member
from the quota of investigating magistrates shall take place on the occasion of
a general assembly, in which all investigating magistrates in the Republic of
Bulgaria shall take pArticle
Article 21
(1) The Supreme Court of Cassation, the Supreme
Administrative Court, the Supreme Prosecution Office of Cassation, the Supreme
Administrative Prosecution Office, the appellate courts, the appellate
prosecution offices and the administrative courts shall elect delegates on the
occasion of separate assemblies.
(2) The judges and prosecutors in the area of the
district court concerned shall elect delegates on the occasion of separate
assemblies.
(3) Judges at the military courts shall elect delegates
on the occasion of a general assembly of all military courts.
(4) Prosecutors and investigating magistrates at the
military prosecution offices shall elect delegates on the occasion of a general
assembly of all military prosecutors and military investigating magistrates.
Article 22
(1) An assembly for the election of delegates shall be
convoked by written invitation of the head of the respective judicial system
body or at the request of one-fifth of Supreme Judicial Council members, within
up to two months prior to the expiry of the term of office of the elected
members of the Supreme Judicial Council. The invitation convoking the assembly
shall state the date, venue and time thereof.
(2) Where the assembly has not been convoked by the
persons under Paragraph 1 within 7 days of the expiry of the term under
Paragraph 1, the Minister of Justice shall specify the date, venue and time
thereof.
(3) The assembly for the election of delegates shall
take place where more than half of the persons entitled to take part therein
are present. In the absence of quorum, the assembly shall take place an hour
later than stated and it shall be considered valid where one-third of those
entitled to take part in it are present.
(4) Delegates shall be elected by secret ballot with a
majority of more than half of those present. Following the election, the record
of proceedings containing the resolution on the election of delegates shall be
immediately forwarded to the Supreme Judicial Council who shall enter the
elected persons on the list of participants in the general delegate assembly.
Article 23.
(1) The general delegate assembly of the judges shall
be jointly convoked by the Chairperson of the Supreme Court of Cassation and by
the Chairperson of the Supreme Administrative Court.
(2) The general delegate assembly of the prosecutors
shall be convoked by the Prosecutor General.
(3) The general assembly of the investigating
magistrates shall be convoked by the Director of the National Investigation
Service.
(4) The assemblies under Paragraphs 1 and 2 shall be
convoked within 14 days of the respective assemblies for the election of
delegates taking place.
(5) The assemblies under Paragraphs 1 - 3 shall take
place where two-thirds of the elected delegates or of all investigating
magistrates are present thereat.
Article 24
(1) The general delegate assemblies shall elect members
of the Supreme Judicial Council by secret ballot and a majority of more than
half of those present.
(2) Where one or more candidates have failed gathering
the required majority in the first round of voting, a second round of voting
shall take place. Where one or more candidates have failed gathering the
required majority in such repeated voting, those who have obtained the largest
number of votes shall be considered elected.
Article 25
(1) The administration of the Supreme Judicial Council
shall take care of the organisation and technical arrangements for the
assemblies.
(2) Expenses for the assemblies shall be covered from
the Supreme Judicial Council budget.
Article 26
(1) The legality of election of a Supreme Judicial
Council member elected by judicial system bodies may be challenged before the
Supreme Administrative Court through appeal signed by one-fifth of the
delegates or of the members of the general assembly or by a candidate having a
legal interest to act.
(2) The appeal shall be submitted within three days of
the announcement of election results.
(3) The Supreme Administrative Court sitting in a
five-member panel shall rule by judgement within 7 days of receipt of the
appeal. This judgement shall be final.
(4) The Supreme Judicial Council shall schedule a new
election within up to one month of the entry into force of the judgement,
declaring the election illegal.
Article 27
(1) An elected member of the Supreme Judicial Council
shall be relieved from office prior to the expiry of his term on grounds of
Article 130, Paragraph 8 of the Constitution of the Republic of Bulgaria, as
well as in the event of established incompatibility due to positions or
business under Article 18, Paragraph 1.
(2) In cases under Article 130, Paragraph 8, item 1 of
the Constitution of the Republic of Bulgaria, the Supreme Judicial Council
shall announce the resignation of an elected member at its first session after
the submission thereof.
(3) The procedure for early relief from office shall
commence at the request of one-fifth of the members of the Supreme Judicial
Council on grounds of Article 130, Paragraph 8, items 2 - 4 of the Constitution
of the Republic of Bulgaria or where the incompatibility of a member of the
Supreme Judicial Council elected by judicial system bodies has been found.
(4) The procedure for early relief from office shall
commence at the request of one-fifth of the members of the National Assembly on
grounds of Article 130, Paragraph 8, items 2 - 4 of the Constitution of the
Republic of Bulgaria or where the incompatibility of a member of the Supreme
Judicial Council elected by the National Assembly has been found.
(5) The resolution of the Supreme Judicial Council on
the early relief from office of a member shall be adopted within one month of receipt
of the request under Paragraph 3 or Paragraph 4 by a majority of more than
two-thirds of the members thereof.
Article 28
Within one month of expiry of the term of office or of
its early termination on grounds of Article 130, Paragraph 8, item 1 of the
Constitution of the Republic of Bulgaria, the elected member of the Supreme
Judicial Council shall be reinstated to the position he had occupied before
being elected, the time spent as a member of the Supreme Judicial Council
counting toward his service record under Article 164, Paragraphs 1 - 5.
Article 29
The remuneration of an elected member of the Supreme
Judicial Council shall equal the remuneration of a judge at the Supreme Court
of Cassation.
Section II
Business and organisation of the Supreme Judicial
Council
Article 30
(1) In order to discharge the powers specified by the
Constitution, the Supreme Judicial Council shall carry out the following
business:
1. Discuss the draft budget of the Judiciary, as
proposed by the Minister of Justice, submit it to the Council of Ministers for
incorporation in the draft State Budget of the Republic of Bulgaria Act and
control its implementation,
2. Set the number, judicial areas and the seats of
regional, district, administrative and appellate courts at the proposal of the
Minister of Justice and, as regards military courts - in coordination with the
Minister of Defence,
3. Set the number of judges, prosecutors and
investigating magistrates in the courts, prosecution offices and investigation
bodies,
4. Organise and carry out competitions for the
positions of judges, prosecutors and investigating magistrates,
5. Set the number of administrative heads and of the
deputies of administrative heads for the respective judicial system bodies,
appoint and relieve them from office, with the exception of the Chairperson of
the Supreme Court of Cassation, the Chairperson of the Supreme Administrative
Court and the Prosecutor General,
6. Propose the Chairperson of the Supreme Court of
Cassation, the Chairperson of the Supreme Administrative Court and the
Prosecutor General for appointment and relief from office by the President of
the Republic of Bulgaria,
7. Elect and relieve from office the Director of the
National Investigation Service,
8. Set the remuneration of judges, prosecutors and
investigating magistrates,
9. Inspect the workload of judicial system bodies,
10. Appraise the performance of judges, prosecutors,
investigating magistrates and of administrative heads,
11. Keep and store service files of judges, prosecutors
and investigating magistrates,
12. Endorse rules of professional ethics adopted by the
professional organisations of judges, prosecutors and investigating
magistrates,
13. Every semester require and summarise information
from the courts, prosecution offices and the National Investigation Service
about their business,
14. No later than 31 May, prepare and submit to the
National Assembly a summary annual report on its business and on the business
of the Inspectorate at the Supreme Judicial Council, as well as the annual
reports of the Supreme Court of Cassation, the Supreme Administrative Court and
of the Prosecutor General,
15. Set up and maintain an electronic public register
of all its resolutions and the reasoning thereto,
16. Approve the automated information systems required
for the business of the Judiciary and ensure system integration and
interoperability,
17. Organise, manage and control the participation of
judges, prosecutors and investigating magistrates in international legal cooperation,
including, among others, their participation in the national judicial network.
(2) While discharging its business under Paragraph 1,
the Supreme Judicial Council shall require the opinion of the administrative
heads of the respective judicial system bodies and when these have a bearing on
prosecutors and military investigating magistrates - of the Prosecutor General.
(3) The business of the Supreme Judicial Council shall
be assisted by an administration. The number of staff in the administration may
not exceed two and a half times the number of Supreme Judicial Council members.
(4) The Supreme Judicial Council shall adopt
Regulations concerning the organisation of its business and its administration
which shall be published in the State Gazette.
Article 31
The Supreme Judicial Council shall provide the Council
of Ministers and the National Assembly with opinions on draft legislation with
a bearing on the Judiciary.
Article 32
(1) The Minister of Justice shall set up and head the
sessions of the Supreme Judicial Council.
(2) In his absence the sessions shall be chaired in
turn by an ex officio Supreme Judicial Council member.
(3) In cases under Paragraph 2, the Minister of Justice
shall inform his replacement in advance to allow him organising the session. In
such cases a deputy minister, designated by the Minister, may attend the
session.
(4) In case all ex officio members are absent from a
Supreme Judicial Council session, it shall be chaired by a member of the
Supreme Judicial Council following the order of seniority.
Article 33
(1) Supreme Judicial Council sessions shall be convoked
by the acting chair at least once every week.
(2) Supreme Judicial Council members shall be notified
of the date and agenda for the session three days in advance, with written
material for the session being provided to them.
(3) Additions to the agenda notified in advance can be
made on the session day upon resolution of the Supreme Judicial Council.
(4) Supreme Judicial Council sessions shall be public
except where documents classified in pursuance of the Classified Information
Protection Act or proposals for the imposition of disciplinary sanctions are
discussed.
(5) Resolutions adopted in a closed session shall be
announced publicly.
Article 34
(1) A session of the Supreme Judicial Council shall be
held where more than half of its members are present.
(2) Resolutions shall be adopted by a majority of more
than half of the Supreme Judicial Council members present, by public voting,
unless otherwise required by the Constitution.
(3) It shall be considered that a resolution whereby a
proposal is not adopted is reasoned by means of the negative views, if any,
stated by Supreme Judicial Council members. It shall be considered that a
resolution of the Supreme Judicial Council whereby a proposal is adopted shall
have the considerations of its sponsor as reasoning.
Article 35
A member of the Supreme Judicial Council shall not be
entitled to vote for a resolution applying to him individually or to his
spouse, relative of direct lineage, of collateral lineage to the fourth degree
and by marriage - to the third degree.
Article 36
(1) The interested parties may challenge Supreme
Judicial Council resolutions within 14 days of their notification. An appeal
shall not suspend the execution of a resolution, unless otherwise ordered by
the court.
(2) The appeal shall be examined by a three-member
panel of the Supreme Administrative Court within one month of being received in
court together with the administrative file.
(3) The judgement of the three-member panel of the
Supreme Administrative Court shall be subject to appeal on points of law before
a five-member panel of the Supreme Administrative Court within 14 days of its
notification.
Article 37
(1) The Supreme Judicial Council shall elect from among
its members a standing Commission on proposals and the performance appraisal of
judges, prosecutors and investigating magistrates, as well as other standing
commissions that shall assist its business.
(2) The type and number of members of the standing
commissions, as well as their powers, with the exception of those given to the
Commission on proposals and the performance appraisal of judges, prosecutors
and investigating magistrates, shall be specified in the Regulations under
Article 30, Paragraph 4.
(3) The Supreme Judicial Council may set up ad hoc
commissions for the discharge of specific tasks related to its powers.
Article 38
(1) The Commission on proposals and the performance
appraisal of judges, prosecutors and investigating magistrates shall make
proposals to the Supreme Judicial Council regarding:
1. The number of judges, prosecutors and investigating
magistrates, as well as that of the administrative heads and their deputies,
2. The appointment, promotion in rank or position and
the relief from office of judges, prosecutors and investigating magistrates,
3. The appointment and relief from office of the
administrative heads and of the deputies of administrative heads, with the
exception of the Chairperson of the Supreme Court of Cassation, the Chairperson
of the Supreme Administrative Court, the Prosecutor General and the Director of
the National Investigation Service,
4. Resolutions on the acquisition of a tenure status by
judges, prosecutors and investigating magistrates.
(2) Proposals to the Commission on proposals and the
performance appraisal of judges, prosecutors and investigating magistrates in
relation to the discharge of its powers under Paragraph 1 shall be extended by
the interested judge, prosecutor or investigating magistrate or by no less than
one-fifth of the Supreme Judicial Council members.
(3) Proposals shall also be made by the respective
administrative head, as follows:
1. By the Chairperson of the Supreme Court of Cassation
for:
a) His deputies and the judges of this court,
b) The chairpersons of appellate courts and of the
Military Appellate Court;
2. By the Chairperson of the Supreme Administrative
Court for his deputies and the judges of this court, as well as for the
chairpersons of administrative courts;
3. By the Prosecutor General for:
a) His deputies at the Supreme Prosecution Office of
Cassation and at the Supreme Administrative Prosecution Office and for the
prosecutors at these prosecution offices,
b) Regional, district, district military and appellate
prosecution offices and for the Appellate Military Prosecutor;
4. By appellate prosecutors and by the Appellate
Military Prosecutor for their deputies and for the prosecutors at the appellate
prosecution offices and at the Appellate Military Prosecution Office;
5. By district military prosecutors - for their
deputies, for the prosecutors at district military prosecution offices and for
military investigating magistrates;
6. By district prosecutors - for their deputies and the
prosecutors at district prosecution offices;
7. By regional prosecutors - for their deputies and the
prosecutors at regional prosecution offices;
8. By chairpersons of appellate courts and of the
Appellate Military Court for:
a) Their deputies and for judges at these courts,
b) The chairpersons of the respective district and
military courts;
9. By chairpersons of district courts for:
a) Their deputies and the judges at these courts,
b) The chairpersons of regional courts in the area of
the respective district court;
10. By chairpersons of administrative courts - for
their deputies and the judges at these courts;
11. By the chairpersons of the military courts - for
their deputies and for the judges at these courts;
12. By chairpersons of regional courts - for their
deputies and the judges at these courts;
13. By the National Investigation Service director,
for:
a) His deputies and the investigating magistrates at
the National Investigation Service,
b) The directors of district investigation services;
14. By directors of district investigation services -
for their deputies and the investigating magistrates at these services.
(4) The Minister of Justice may provide opinions on the
proposals addressed to the Supreme Judicial Council.
(5) The Commission on proposals and the performance
appraisal of judges, prosecutors and investigating magistrates shall discuss
the proposals and submit them for examination to the Supreme Judicial Council
accompanied by an opinion in writing on each of them.
(6) The Supreme Judicial Council shall adopt
resolutions on the proposals made by a majority of more than half of its
members.
Article 39
(1) The Commission on proposals and the performance
appraisal of judges, prosecutors and investigating magistrates shall carry out
the performance appraisal of judges, prosecutors and investigating magistrates.
(2) In order to discharge its powers under Paragraph 1
the Commission on proposals and the performance appraisal of judges,
prosecutors and investigating magistrates shall be assisted by support
performance appraisal commissions.
(3) Support performance appraisal commissions shall be
set up with all judicial system bodies. Each commission shall be composed of
three judges, prosecutors or investigating magistrates designated by the
administrative head of the respective judicial system body.
Chapter three
Inspectorate at the Supreme Judicial Council
Section I
General provisions
Article 40
The business of the Inspectorate shall be based on the
principles of legality, objectivity and publicity.
Article 41
The Inspectorate at the Supreme Judicial Council shall
be a moral person seated in Sofia.
Section II
Election and early termination of the term of office of
the Inspector
General and of the inspectors
Article 42
(1) Lawyers with a high standard of professionalism and
ethics shall be elected to the positions of Inspector General and of
inspectors.
(2) An individual who also has at least 15 years of
legal service record shall be elected as Inspector General.
(3) Individuals who also have at least 12 years of
legal service record shall be elected as inspectors.
(4) At least 8 years, within the service record under
Paragraph 3, as a judge at a district or appellate court, the Supreme Court of
Cassation or the Supreme Administrative Court, as a prosecutor at a district or
appellate prosecution office, at the Supreme Prosecution Office of Cassation or
at the Supreme Administrative Prosecution Office or as an investigator at the
National Investigation Service or at a district investigation service, shall
also be required for five of the inspectors.
Article 43
The Inspector General and inspectors may not be
individuals in respect to whom the grounds under Article 18, Paragraph 1 are
present.
Article 44
Nominations for the positions of the Inspector General
and of inspectors shall be submitted to the National Assembly no earlier than
three months and no later than two months prior to the expiry of the term of
office of the Inspector General and of the inspectors.
Article 45
(1) Nominations for the positions of the Inspector
General and of inspectors shall be examined by a specialised standing
commission of the National Assembly.
(2) The specialised standing commission shall conduct a
hearing of the nominated candidates meeting the requirements of the law and
shall submit to the National Assembly a report summarising the outcomes
thereof.
Article 46
The National Assembly shall separately elect the
Inspector General and the inspectors by a majority of two-thirds of its members.
Article 47
(1) The Inspector General and the inspectors shall
enter office on the day of the expiry of the term of office of the individuals
whom they have been selected to replace.
(2) The Inspector General and the inspectors shall
vacate the positions and terminate the business incompatible with the
requirements of Article 18, Paragraph 1 prior to entering office, of which they
shall notify the Chairperson of the National Assembly.
Article 48
(1) The Inspector General and the inspectors shall be
relieved from office, prior to the expiry of their term, upon:
1. Resignation,
2. The entry into force of a judicial act for a
consummated criminal offence,
3. The presence of a lasting de facto inability to
discharge their duties for more than 6 months,
4. Disbarment from the legal profession or from the
exercise of business as a lawyer,
5. A serious breach or systematic failure to discharge
their official duties, as well as upon taking actions that encroach on the
prestige of the Judiciary,
6. Failure to discharge their duties under Article 47,
Paragraph 2.
(2) In cases under Paragraph 1, items 2 - 6 a proposal
for the relief from office of the Inspector General or of the inspectors may be
extended by at least one-fifth of the members of the National Assembly or of
the Supreme Judicial Council.
Article 49
Upon relief from office, on grounds of Article 48,
Paragraph 1, of the Inspector General or of an inspector, the National Assembly
shall elect in his stead a new Inspector General or an inspector who shall
serve until the end of his predecessor's term of office.
Article 50
Upon expiry of the term of office or upon early
termination thereof on grounds of Article 48, Paragraph 1, item 1, the
Inspector General and the inspectors shall be reinstated to the positions
occupied by them prior to election.
Article 51
(1) The remuneration of the Inspector General shall
equal that of the chairperson of division at the Supreme Court of Cassation.
(2) The remuneration of inspectors shall equal that of
a judge at the Supreme Court of Cassation.
Article 52
Time in service as Inspector General or inspector of
the Inspectorate at the Supreme Judicial Council shall count toward the service
record under Article 164, Paragraphs 1 - 5.
Article 53
Chapter sixteen and Article 350 - 354 shall apply to
the Inspector General and to the inspectors.
Section III
Inspectorate powers
Article 54
(1) The Inspectorate shall:
1. Check the organisation of administrative business in
courts, prosecution offices and investigation bodies,
2. Check the arrangements made for the institution and
progress of court, prosecution and investigation case files, as well as the
disposal thereof within the established time limits,
3. Analyse and summarise the cases that have been
disposed of by virtue of an effective judicial act, as well as the files and
cases assigned to the prosecutors and investigating magistrates,
4. In the presence of contradictory jurisprudence the
existence of which has been found in the course of business under Paragraph 3,
it shall alert the competent bodies of the need to demand interpretative
judgements or interpretative decrees,
5. In presence of violations in the discharge of
business under items 1 - 3, it shall alert the administrative head of the body
concerned and the Supreme Judicial Council,
6. Make proposals for the imposition of disciplinary
sanctions on judges, prosecutors and investigating magistrates and on the
administrative heads of judicial system bodies,
7. File tip-offs, proposals and reports with other
state bodies, including the competent judicial system bodies,
8. Prepare and submit to the Supreme Judicial Council
an annual programme and a report on its business,
9. Discuss the draft budget for the Judiciary proposed
by the Minister of Justice with regard to the budgetary account of the
Inspectorate and submit it to the Supreme Judicial Council,
10. Provide on an annual basis public information about
its business and publish the report on its business on the website of the
Supreme Judicial Council.
(2) The Inspectorate shall adopt resolutions by a
majority of more than half of its members.
Article 55
(1) In the discharge of its business the Inspectorate
shall be assisted by an administration. The number of administrative staff may
not exceed the number of inspectors multiplied by two, including the Inspector
General.
(2) In addition to the number of administrative staff
under Paragraph 1, up to 22 experts with at least 5 years of legal service
record, meeting the requirements under Article 18, shall be appointed at the
Inspectorate through competition.
(3) Experts at the Inspectorate shall be appointed and
relieved from office by the Inspectorate following a proposal of the Inspector
General.
(4) The Inspectorate shall adopt Regulations concerning
the organisation of its business that shall be published in the State Gazette.
Article 56
(1) The Inspectorate shall act through inspections
envisaged in its annual programme or following tip-offs.
(2) An inspection shall be carried out by the Inspector
General or by an inspector assisted by experts.
(3) The Inspector General shall fix by order the
procedure of inspection.
Article 57
(1) Inspections envisaged in the annual programme shall
be carried out by teams designated by a draw of lots that shall include the
inspecting officer under Article 56, Paragraph 2 and the experts who will
assist him. The draw of lots shall be carried out by the Inspector General in
presence of all inspectors, immediately after the annual programme has been
elaborated.
(2) For inspections triggered by tip-offs, the
inspecting officer under Article 56 Paragraph 2 and two experts shall be
designated on the basis of electronic distribution pursuant to the random
selection principle in the order of receipt of such tip-offs.
Article 58
(1) Inspections shall be assigned at the order of the
Inspector General that shall set out:
1. The judicial system body, the judge, prosecutor or
investigating magistrate to be inspected, the objectives and the time imparted
for completion of the inspection,
2. The name of the inspecting officers under Article
56, Paragraph 2,
3. The names of the experts who will assist him,
4. The time imparted for drafting the act setting out
the outcomes of the inspection.
(2) The act setting out the outcomes of the inspection
shall contain the findings from the inspection and, where necessary,
recommendations and a time limit for their implementation.
(3) The act setting out the outcomes of the inspection
shall be provided to the inspected judge, prosecutor or investigating
magistrate, as well as to the administrative head of the judicial system body
concerned. Each of them may file objections and submit them to the Inspector
General within a period of 7 days.
(4) The administrative head shall notify the Inspector
General of the implementation of recommendations, if any, within the time
specified in the act setting out the outcomes of the inspection.
Article 59
The administrative heads of judicial system bodies
shall be obligated to provide assistance to the Inspector General and the
inspectors in the discharge of their powers and provide them access of
materials required to this effect.
Article 60
(1) The Inspector General shall also ensure the general
organisational and methodological guidance of Inspectorate business by means
of:
1. Representing the Inspectorate and designating a
replacement during his absence,
2. Disposing of the funds on the budgetary account of
the Inspectorate,
3. Controlling the business of inspectors,
4. Making arrangements for the publication of a
Bulletin with the outcomes of inspections to be published on the Supreme
Judicial Council website,
5. Entering and terminating labour contracts with
experts and members of the Inspectorate administrative staff,
6. Making arrangements for improving the qualifications
of inspectors and of the Inspectorate administration.
(2) The Inspector General shall take part in Supreme
Judicial Council sessions, but not in voting.
Chapter four
COURTS
Section I
General provisions
Article 61
(1) The courts in the Republic of Bulgaria shall be
regional, district, administrative, military, appellate ones, a Supreme Court
of Cassation and a Supreme Administrative Court.
(2) The courts shall have competent jurisdiction in
civil, criminal and administrative cases.
(3) A case examined by a court may not be examined by
another body.
Article 62
The areas of regional, district, administrative,
military and appellate courts may not necessarily coincide with the
administrative division of the country's territory.
Article 63
(1) The regional, district, administrative and military
courts shall examine at first instance the cases specified by law.
(2) The district courts shall examine at second
instance the appealed acts in cases of the regional courts, as well as other
cases assigned to them by law.
(3) The administrative courts shall act in cassation
when examining the administrative cases specified by law.
(4) The appellate courts shall examine at second
instance the appealed acts in cases of the district courts, as well as other
cases assigned to them by law.
(5) The Appellate Military Court shall examine at
second instance the appealed acts in cases of the military courts.
(6) The Supreme Court of Cassation shall act in
cassation in respect to judicial acts specified by law and shall also examine
other cases specified by law.
(7) The Supreme Administrative Court shall examine at
first instance the acts specified by law and act in cassation in respect to the
appealed acts in cases of the administrative courts and to acts in cases of
Supreme Administrative Court three-member panels.
(8) Jurisdiction disputes between the Supreme Court of
Cassation and the Supreme Administrative Court shall be resolved by a panel to
be composed of three representatives of the Supreme Court of Cassation and of
two representatives of the Supreme Administrative Court whose ruling shall be
final.
Article 64
(1) Judicial acts shall be published on the website of
the respective court once every three months, subject to the Personal Data
Protection Act and to the Classified Information Protection Act.
(2) Case acts affecting the civil or health status of
individuals shall be published without their reasoning.
Article 65
All courts shall be moral persons funded by the state budget.
Section II
Court assessors
Article 66
(1) In cases specified by law, court assessors shall
also be part of the judicial panel examining a case at first instance.
(2) Court assessors shall have the same rights and
obligations as judges.
Article 67
(1) A court assessor shall be a legally competent
Bulgarian national who has turned 21 years and has not turned 70 years of age
at the time in which he is appointed as court assessor, has good reputation in
society and has not been convicted of a deliberate criminal offence,
notwithstanding any subsequent rehabilitation.
(2) Court assessors in military courts may be generals
(admirals), officers and non-commissioned officers in permanent military
service.
Article 68
(1) The municipal councils in the judicial area of the
respective court shall nominate court assessors, at least 10 percent of such
nominees having a teaching background.
(2) Court assessors shall be designated for:
1. The regional courts - by the general assembly of the
judges of the respective district court,
2. The district courts - by the general assembly of the
judges of the respective appellate court.
(3) Court assessors in military courts shall be
designated at the proposal of commanding officers of the respective military
unit by the general assembly of the judges of the Appellate Military Court.
Article 69
The term of office of court assessors shall be 5 years.
Article 70
Court assessors shall take oath before the respective
general assembly.
Article 71
A court assessor shall be relieved from office early by
the respective general assembly acting at the proposal of the chairperson of
the court:
1. At his own request,
2. Following incapacitation,
3. Following conviction of a deliberate criminal
offence,
4. In presence of a lasting de facto inability to
discharge his duties for more than one year,
5. For reason of a serious breach of his duties or of
systematic failure to discharge these or of having taken action which
undermines the prestige of the Judiciary.
Article 72
(1) Court assessors shall be convoked to take part in
court hearings by the chairperson of the court for up to 60 days in a calendar
year, unless the examination of a case in which they take part continues beyond
such term.
(2) For each court panel core and reserve court
assessors shall be designated by a draw of lots.
Article 73
Court assessors shall receive remuneration for their
participation in court hearings from the budget of the Judiciary.
Article 74
(1) The chairperson of the court may, by personal order,
impose a fine of BGN 50 to BGN 500, on a court assessor for the latter's
failure to discharge his duties, having provided him the opportunity to
explain.
(2) Following appeal of the sanctioned court assessor,
the chairperson of the higher-standing court may repeal the personal order
under Paragraph 1 or reduce the amount of fine.
Article 75
The Minister of Justice, in coordination with the
Supreme Judicial Council, shall issue an Ordinance specifying:
1. The procedure for nominating court assessors,
2. The remuneration of court assessors,
3. Other organisational matters of relevance to court
assessors.
Section III
Regional courts
Article 76
The regional court shall be the main court of first
instance. It shall be a competent jurisdiction in all cases, except those in
which another court has jurisdiction by virtue of the law.
Article 77
(1) A regional court shall be composed of judges and
headed by a chairperson.
(2) Divisions may be set up at the regional court.
(3) A criminal record bureau shall be set up at all
regional courts.
(4) The functions, the business arrangements of
criminal record bureaux and the control of their business shall be set out in
an ordinance of the Minister of Justice.
Article 78
A regional court shall examine cases in a panel
composed of one judge, unless otherwise provided for by law.
Article 79
(1) In a regional court with at least three judges the
general assembly shall consist of all judges. Where the number of judges is
lesser than three, they shall take part in the general assembly of another
regional court in the same judicial area designated by the chairperson of the
district court.
(2) The general assembly of the regional court shall:
1. Analyse and summarise the jurisprudence of the
court,
2. Examine other matters at the proposal of the
chairperson of the court or of a member of the general assembly.
(3) The general assembly may not examine and adopt
resolutions on organisational matters of court business falling in the
competence of the chairperson of the regional court.
(4) A general assembly shall take place where more than
half of all judges are present and it shall adopt resolutions by a majority of
more than half of the judges present.
Article 80
(1) The chairperson of a regional court shall:
1. Provide overall organisational and administrative
direction, being responsible for the business of the court which he represents;
2. Prepare:
a) The annual court business report no later than 31
January and submit it to the chairperson of the District court who shall
incorporate it in his annual report,
b) Electronic enquiries and statistics based on a model
endorsed by the Minister of Justice and submit these to the Supreme Judicial
Council, as well as to the Minister of Justice;
3. At the end of each semester he shall prepare and
submit to the Inspectorate at the Supreme Judicial Council summarised
information about the institution, progress and termination of files and cases
of the judges, as well as about acts that have been definitely repealed by higher-standing
instances, and, in addition, to the Minister of Justice - information about the
institution, progress and termination of files and cases of state enforcement
agents and recordation judges;
4. Take part in court hearings;
5. Inform the Minister of Justice of available
positions for state enforcement agents and recordation judges;
6. Manage and control the work of state enforcement
agents, of criminal record bureaux at the court and of recordation judges;
7. Second judges subject to the terms of Article 81;
8. Appoint and relieve from office clerks at the court
and organise the work of the various services;
9. Convoke and head the general assembly of the court;
10. Organise the publication of effective acts on the
website of the regional court;
11. Publish the annual court business report on the
website of the regional court within one month of its submission to the
chairperson of the district court.
(2) Personal orders of the chairperson in relation to
the work organisation of the court shall be binding on all judges and clerks
thereat.
Article 81
(1) Where the position of judge at a regional court is
not taken or a judge is prevented from discharging his office and may not be
replaced by another judge of the same court, the chairperson of the respective
district court may second in his stead a judge from another regional court, a
judge from the district court or a junior judge with a service record of no
less than two years, for a term of up to 6 months once in three years.
(2) Where such secondment is impracticable, the
chairperson of the appellate court may second a judge from the area of another
district court subject to the conditions under Paragraph 1.
(3) The secondment of the judge shall be coordinated
with his administrative head.
Section IV
District court
Article 82
(1) The district court shall examine at first instance:
1. Criminal cases in a panel composed of one judge and
two court assessors, unless otherwise provided for by law,
2. Civil cases in a panel composed of one judge.
(2) A junior judge may sit on the panel of a
first-instance court in a criminal case, but may not be a single judge or the
rapporteur therein.
Article 83
(1) The district court acting at second instance shall
examine cases in a panel of three judges, unless otherwise provided for by law.
(2) In cases under Paragraph 1 only one of the district
court panel members may be a junior judge.
(3) The panel shall be presided over by the most senior
judge in position or rank.
Article 84
(1) The district court shall consist of judges and
junior judges and shall be headed by a chairperson.
(2) Based on a resolution of the general assembly of
district court judges, divisions may be set up and headed by the chairperson or
his deputies.
Article 85
(1) The district court shall have a general assembly
that shall consist of all judges.
(2) Junior judges and the chairpersons of regional
courts shall take part in the general assembly, but not in voting.
(3) The general assembly of a district court shall:
1. Discuss, at the end of each three-year period, the
distribution of judges by divisions and make a proposal to this effect to the
chairperson of the court,
2. Analyse and summarise the jurisprudence of the
district court and of the regional courts within its judicial area,
3. Examine on a regular basis the situation of the
criminal and other types of offences and summarise the experience of the
district court and of the regional courts within its judicial area,
4. Give opinions on requests for the adoption of interpretative
judgements or interpretative decrees,
5. Adopt resolutions in other cases provided for by
law.
(4) The general assembly may not examine and adopt
resolutions on matters of relevance to court business organisation falling
within the competence of the chairperson of a district court.
(5) A general assembly shall take place where more than
half of all judges are present thereat and it shall adopt resolutions by a
majority of more than half of the judges present.
Article 86
(1) The chairperson of the district court shall:
1. Provide overall organisational and administrative
direction of the district court and represent it;
2. At the end of each six-month period he shall prepare
and submit to the Inspectorate at the Supreme Judicial Council and to the
Minister of Justice summarised information about the institution, progress and
termination of cases, as well as about the acts that have been definitely
repealed by higher-standing instances;
3. Prepare:
a) An annual report on the business of the district
court and of the regional courts in its judicial area and submit it to the
chairperson of the appellate court at the respective judicial area by the end
of February who shall incorporate it in his annual report,
b) Electronic enquiries and statistics in based on a
model endorsed by the Minister of Justice and submit these to the Supreme
Judicial Council, as well as to the Minister of Justice;
4. At the end of each three-year period, distribute
judges at the district court by divisions;
5. Chair judicial panels in all divisions;
6. Carry out in person or assign a judge of the
district court the carrying out of inspection into the organisation of the
business of judges at the regional court, as well as of state enforcement
agents and recordation judges;
7. Organise the improvement of qualifications of
district court judges;
8. Convene the judges of the district court and of the
regional courts for a discussion of the reports under item 3, littera a), of
the reports from inspections and of the requests for adoption of interpretative
judgements or interpretative decrees;
9. Second judges, state enforcement agents and
recordation judges in the area of the district court subject to the conditions
of Articles 81, 274 and 290;
10. Organise the training of trainee lawyers and be
responsible for it;
11. Appoint and relieve from office the clerks of court
and organise the work of the various services;
12. Convoke and head the general assembly;
13. Organise the publication of effective acts on the
website of the district court;
14. Publish the annual court business report on the
website of the district court within a period of up to one month following its
submission to the chairperson of the appellate court.
(2) Personal orders of the chairperson in relation to
the work organisation of the court shall be binding on all judges and clerks
thereat.
Article 87
(1) Where the position of a judge at the district court
is not taken or a judge is prevented from discharging his office and may not be
replaced by another judge of the same court, the chairperson of the respective
appellate court may second in his stead a judge from another district court or
a judge from a regional district court with the rank of a district court judge
from the judicial area of the same appellate court for a term of up to 6 months
once in three years.
(2) The secondment of the judge shall be coordinated
with his administrative head.
Article 88
There shall be a city court in Sofia having the powers
of a district court.
Section V
Administrative court
Article 89
(1) The administrative court shall have jurisdiction at
first instance in all administrative cases except those in which the Supreme
Administrative Court shall have jurisdiction by law.
(2) The seats and judicial areas of the administrative
courts shall coincide with those of the district courts.
Article 90
(1) The administrative court shall hear administrative
cases in a panel composed of one judge, unless otherwise provided for by law.
(2) In proceedings before the administrative court a
prosecutor with the administrative department of the respective district
prosecution office shall take part, in cases provided for by law.
Article 91
(1) The administrative court shall consist of judges
and shall be headed by a chairperson.
(2) Based on a resolution of the general assembly of
judges at the administrative court, divisions specialised by subject may be set
up and headed by the chairperson or his deputies.
Article 92
(1) The administrative court shall have a general assembly
that shall consist of all judges.
(2) The general assembly shall:
1. Endorse on an annual basis the composition of
divisions,
2. Discuss, at the end of each three-year period, the
distribution of judges by divisions, if any have been set up, and make a
proposal to this effect to the chairperson of the administrative court,
3. Analyse and summarise the jurisprudence of the
administrative court,
4. Give opinions to the Supreme Administrative Court on
requests for the adoption of interpretative judgements and interpretative
decrees,
5. Adopt resolutions in other cases provided for by
law.
(3) The general assembly may not examine and adopt
resolutions on matters concerning court business organisation, falling in the
competence of the chairperson of the administrative court.
(4) The general assembly shall take place where more
than half of all judges are present and it shall adopt resolutions by a
majority of more than half of the judges present.
Article 93
(1) The chairperson of the administrative court shall:
1. Provide for the overall organisational and
administrative direction of the administrative court and represent it;
2. Prepare:
a) An annual report on the business of the
administrative court which he shall submit by the end of February to the
chairperson of the Supreme Administrative Court who shall incorporate it in his
annual report,
b) Electronic enquiries and statistics based on a model
endorsed by the Minister of Justice and submit these to the Supreme Judicial
Council, as well as to the Minister of Justice;
3. At the end of each six-month period he shall prepare
and submit to the Inspectorate at the Supreme Judicial Council and to the
Minister of Justice summarised information about the institution, progress and
termination of cases, as well as about the acts that have been definitely
repealed by higher-standing instances;
4. Distribute the judges of the administrative court by
divisions, if any have been set up;
5. Chair judicial panels in all divisions;
6. Convene the judges of the administrative court for a
discussion of the report under item 2, littera a) and of the requests for
adoption of interpretative judgements or interpretative decrees;
7. Appoint and relieve from office clerks at the court
and organise the work of the various services;
8. Convoke and head the general assembly of the judges
at the court;
9. Organise the publication of effective acts on the
website of the administrative court;
10. Publish the annual court business report on the
website of the administrative court within a period of up to one month of its
submission to the chairperson of the Supreme Administrative Court.
(2) Personal orders of the chairperson concerning the
work organisation of the court shall be binding on all judges and clerks
thereat.
Article 94.
(1) Where the position of a judge at an administrative
court is not taken or a judge is prevented from discharging his office and may
not be replaced by another judge of the same court, the chairperson of the
Supreme Administrative Court may second in his stead a judge from another
administrative court for a term of up to 6 months once in three years.
(2) Secondment of the judge shall be coordinated with
his administrative head.
Section VI
Military court
Article 95
(1) The competence of the military court shall be
stipulated by law.
(2) The military court shall be equal in standing to a
district court.
Article 96
The military court shall consist of judges and shall be
headed by a chairperson.
Article 97
(1) The military court shall examine cases in a panel
composed of one judge and of court assessors, unless otherwise provided for by
law.
(2) The judicial panel shall be chaired by the most
senior judge.
Article 98
(1) The military court shall have a general assembly
which shall consist of all judges.
(2) The general assembly of the military court shall
discharge the respective powers of a general assembly of a district court.
(3) The general assembly may not examine and adopt
resolutions on matters of relevance to court business organisation, falling in
the competence of the chairperson of a military court.
(4) A general assembly of the military court shall take
place where more than half of all judges are present and it shall adopt
resolutions with a majority of more than half of the judges present.
Article 99
The chairperson of the military court shall have the
respective powers of a chairperson of a district court.
Article 100
(1) Where a military judge is prevented from
discharging his office and may not be replaced by another judge of the same
court, the chairperson of the appellate military court may second in his stead
a judge from another military court for a period of up to 6 months once in
three years.
(2) Secondment of the judge shall be coordinated with
his administrative head.
Section VII
Appellate court
Article 101
(1) The appellate court shall examine cases instituted
following appeals and protests against the first-instance acts of district
courts in its judicial area.
(2) The appellate military court shall be one and it
shall examine cases instituted following appeals and protests against acts of
the military courts from the whole country.
Article 102
(1) The appellate court shall consist of judges and be
headed by a chairperson.
(2) The appellate military court shall consist of
judges and be headed by a chairperson.
Article 103
Based on a resolution of the general assembly of the
judges at the appellate court, divisions may be set up and headed by the
chairperson or his deputies.
Article 104
(1) The appellate court shall have a general assembly
that shall consist of all judges. The chairpersons of the district courts may
take part in it, but not in voting.
(2) The general assembly of the appellate court shall
discharge the respective powers of the general assembly of a district court.
(3) The general assembly may not examine and adopt
resolutions on matters of relevance to court business organisation, falling in
the competence of the chairperson of an appellate court.
(4) The general assembly shall take place where more
than half of all judges are present and it shall adopt resolutions by a
majority of more than half of the judges present.
Article 105
The appellate court shall sit in a panel of three
judges, unless otherwise provided for by law.
Article 106
(1) The chairperson of the appellate court shall:
1. Provide for the overall organisational and
administrative direction of the appellate court and represent it;
2. At the end of each six-month period he shall prepare
and provide to the Inspectorate at the Supreme Judicial Council and to the
Minister of Justice summarised information about the institution, progress and
termination of cases, as well as about the acts that have been definitely
repealed by higher-standing instances;
3. Prepare:
a) An annual report on the business of the appellate
court, of the district and of the regional courts in its judicial area and
submit it by the 31 March to the chairperson of the Supreme Court of Cassation
who shall incorporate it in his annual report,
b) Electronic inquiries and statistics based on a model
endorsed by the Minister of Justice and submit these to the Supreme Judicial
Council, as well as to the Minister of Justice;
4. At the end of each three-year period he shall
distribute the judges of the appellate court by divisions;
5. He may chair judicial panels in all divisions;
6. He shall carry out in person or assign to a judge of
the appellate court the carrying out of inspections into the organisation of
business of the district court judges from his judicial area;
7. Analyse and summarise the jurisprudence of the
appellate court and of the district courts from the judicial area concerned;
8. Organise the improvement of qualifications of the
judges at the appellate court;
9. Convene the judges of the appellate court and of the
district courts for a discussion of the report under item 3, littera a), of the
reports from inspections and of the requests for adoption of interpretative
judgements and interpretative decrees;
10. Second judges subject to the conditions of Article
107;
11. Appoint and relieve from office the clerks of the
court and organise the work of the various services;
12. Convoke and head the general assembly;
13. Organise the publication of effective acts on the
website of the appellate court;
14. Publish the annual court business report on the
website of the appellate court within a period of up to one month following its
submission to the chairperson of the Supreme Court of Cassation.
(2) The personal orders of the chairperson of an appellate
court concerning the work organisation of the court shall be binding on all
judges and clerks thereat.
(3) The chairperson of the Appellate Military Court
shall have corresponding powers with reference to the military courts.
Article 107
(1) Where the position of a judge at an appellate court
is not taken or a judge is prevented from discharging his office and may not be
replaced by another judge of the same court, the chairperson of an appellate
court may second in his stead a judge of a district court with the respective
rank for a period of up to 6 months once in three years. The secondment of the
judge shall be coordinated with his administrative head.
(2) The chairperson of the Appellate Military Court
shall second judges of the military courts subject to the conditions of
Paragraph 1.
Section VIII
Supreme Court of Cassation
Article 108
(1) The Supreme Court of Cassation shall be the supreme
judicial instance in criminal and civil cases. Its jurisdiction shall cover the
entire territory of the Republic of Bulgaria.
(2) The Supreme Court of Cassation shall be seated in
Sofia.
Article 109
(1) The Supreme Court of Cassation shall consist of
judges and be headed by a chairperson.
(2) There shall be a criminal, civil and a commercial
college at the Supreme Court of Cassation.
(3) A college shall be headed by the chairperson or a
deputy thereof who may chair judicial panels in the respective college.
(4) There shall be divisions within the colleges.
Article 110
The Supreme Court of Cassation shall sit:
1. In panels of three judges, unless otherwise provided
for by law,
2. As a general assembly of the criminal, of the civil
or of the commercial college when examining a request for the adoption of an
interpretative judgement on criminal, civil or commercial administration of
justice,
3. As a general assembly of the civil and the
commercial colleges when examining a request for the adoption of an
interpretative judgement on common matters of the civil and commercial
administration of justice.
Article 111
(1) The plenum of the Supreme Court of Cassation shall
consist of all judges.
(2) The plenum shall:
1. Determine the composition of colleges and the number
and composition of divisions,
2. Discuss on an annual basis the report of the
chairperson of the Supreme Court of Cassation.
(3) The plenum may not examine and adopt resolutions on
matters of relevance to court business organisation, falling in the competence
of the Supreme Court of Cassation chairperson.
(4) The plenum of the Supreme Court of Cassation shall
take place where more than half of all judges are present and it shall adopt
resolutions by a majority of more than half of the judges present.
Article 112
(1) The general assembly of the criminal, of the civil
or of the commercial college shall consist of all judges therein.
(2) The general assembly of the civil and of the
commercial colleges shall consist of the judges in these two colleges.
(3) The general assembly of each college shall take
place where more than half of the judges in it are present and it shall adopt
resolutions by a majority of more than half of the judges present.
(4) The general assembly of the college which has to
adopt an interpretative judgement shall take place where more than two-thirds
of the judges in it are present, and in cases under Article 110, item 3 - if
more than two-thirds of the judges in the civil and the commercial colleges are
present and it shall pass judgements by a majority of more than half of all
judges from the college(s).
Article 113
(1) The following shall be entitled to take part in
plenum sessions:
1. The Prosecutor General or a deputy thereof at the
Supreme Prosecution Office of Cassation,
2. The chairpersons of the appellate courts and other
judges,
3. The chairperson or members of the Supreme Bar
Council,
4. The Minister of Justice.
(2) The chairperson of the Supreme Court of Cassation
shall notify the persons under Paragraph 1 of the date and time for the
session.
(3) Persons under Paragraph 1 may give their opinion,
but not take part in voting.
Article 114
(1) The chairperson of the Supreme Court of Cassation
shall:
1. Provide organisational direction in the business of
the Supreme Court of Cassation and represent it,
2. Convene and head the sessions of the general assemblies
of colleges and of the plenum of the Supreme Court of Cassation or assign this
task to his deputies,
3. Make requests for the adoption of interpretative
judgements and of interpretative decrees,
4. Acting together with his deputies, propose to the plenum
the distribution of judges by colleges and divisions,
5. May chair judicial panels from all divisions,
6. Carry out in person or assign inspections into the
organisation of business of the judges of the appellate courts to a judge at
the Supreme Court of Cassation,
7. At the end of each six-month period, prepare and
submit to the Inspectorate at the Supreme Judicial Council and to the Minister
of Justice summarised information about the institution, progress and
termination of cases,
8. Convene the judges at the Supreme Court of Cassation
and of the appellate courts to discuss reports of inspections,
9. Second judges subject to the terms of Article 115,
10. Appoint and relieve from office the clerks at the
court,
11. Prepare an annual business report of the Supreme
Court of Cassation and publish it on its website within one month of its
completion,
12. Organise the publication of effective acts
delivered by the Supreme Court of Cassation on the website tereof,
13. Make arrangements for the publication of a monthly
bulletin of the Supreme Court of Cassation.
(2) The chairperson of the Supreme Court of Cassation
shall prepare a summarised annual report on the application of the Act and on
the business of the courts, with the exception of the administrative ones,
which he shall submit to the Supreme Judicial Council no later than 30 April.
(3) The personal orders of the chairperson concerning
work organisation at the court shall be binding on all judges and clerks
thereat.
Article 115
(1) Where the position of a judge at the Supreme Court
of Cassation is unoccupied or a judge is prevented from discharging his office
and may not be replaced by another judge of the same court, the chairperson of
the Supreme Court of Cassation may second in his stead a judge from an
appellate or district court with at least 12 years of legal service record, for
a term of up to 6 months once in three years.
(2) Secondment of the judge shall be coordinated with
his administrative head.
Section IX
Supreme Administrative Court
Article 116
(1) The Supreme Administrative Court shall have
jurisdiction on the entire territory of the Republic of Bulgaria.
(2) The Supreme Administrative Court shall be seated in
Sofia.
Article 117
(1) The Supreme Administrative Court shall consist of
judges and be headed by a chairperson.
(2) There shall be colleges at the Supreme
Administrative Court headed by the chairperson or a deputy thereof who may
chair judicial panels in the respective college.
Article 118
The Supreme Administrative Court shall sit:
1. In a panel of three judges, unless otherwise
provided for by law,
2. As the general assembly of a college, when examining
a request for the adoption of an interpretative judgement in administrative
justice,
3. General assemblies of the colleges, when examining a
request for the adoption of an interpretative judgement on general matters in
administrative justice.
Article 119
(1) The plenum of the Supreme Administrative Court
shall consist of all judges.
(2) The plenum shall:
1. Set the number and composition of the colleges and
divisions of the Supreme Administrative Court,
2. Discuss on an annual basis the business report of
the chairperson of the Supreme Administrative Court.
(3) The plenum may not examine and adopt resolutions on
matters concerning court business organisation, falling in the competence of
the chairperson of the Supreme Administrative Court.
(4) The plenum of the Supreme Administrative Court
shall take place where more than half of the judges are present and it shall
adopt resolutions by a majority of more than half of the judges present.
Article 120
(1) The general assembly of a college shall consist of
the judges in it.
(2) A general assembly of the college shall take place
where more than half of the judges in the college are present and it shall
adopt resolutions by a majority of more than half of the judges present.
(3) A general assembly for the adoption of an
interpretative judgements shall take place where more than two-thirds of the
judges are present, and in cases under Article 118, item 3 where more than
two-thirds of the judges in the colleges are present, adopting judgements by a
majority of more than half of all judges in the college(s).
Article 121
(1) The following shall take part in plenum sessions:
1. The Prosecutor General or a deputy thereof at the
Supreme Administrative Prosecution Office,
2. Chairpersons of the administrative courts and other
judges,
3. The chairperson or a member of the Supreme Bar
Council,
4. The Minister of Justice.
(2) The chairperson of the Supreme Administrative Court
shall notify the persons under Paragraph 1 of the date and time of the session.
(3) The persons under Paragraph 1 may give opinions,
but not take part in voting.
Article 122
(1) The chairperson of the Supreme Administrative Court
shall:
1. Provide organisational direction in the business of
the Supreme Administrative Court and represent it,
2. Convene and head the sessions of the plenum and of
the general assembly of the colleges of the Supreme Administrative Court,
3. Carry out in person or assign the carrying out of
inspections into the organisation of business of the judges of the
administrative court to a judge of the Supreme Administrative Court,
4. Convene the judges of the Supreme Administrative
Court and of the administrative courts for a discussion of the reports of
inspections,
5. May chair judicial panels in all divisions,
6. Make requests for the adoption of interpretative
judgements and of interpretative decrees,
7. Acting together with his deputies, propose to the
plenum of the Supreme Administrative Court the distribution of judges by
colleges and divisions,
8. Second judges subject to the terms of Article 123,
9. Appoint and relieve from office the clerks of the
court,
10. Prepare an annual business report for the Supreme
Administrative Court and publish it on the website thereof within a month of
its completion,
11. At the end of each six-month period, prepare and
submit to the Inspectorate at the SJC and to the Minister of Justice summarised
information about the institution, progress and termination of cases,
12. Make arrangements for the publication of effective
acts on the website of the court,
13. Make arrangements for the publication of a monthly
bulletin of the Supreme Administrative Court.
(2) The chairperson of the Supreme Administrative Court
shall prepare a summary annual report on the application of this Act and the
business of the administrative courts which he shall submit to the Supreme
Judicial Council no later than 30 April.
(3) Personal orders of the chairperson concerning work
organisation at the court shall be binding on all judges and clerks thereat.
Article 123
(1) Where the position of a judge at the Supreme
Administrative Court is unoccupied or a judge is prevented from discharging his
office and may not be replaced by another judge of the same court, the
chairperson of the Supreme Administrative Court may second in his stead a judge
from an administrative court who has at least 12 years of legal service record,
for a period of up to 6 months once in three years.
(2) Secondment of the judge shall be coordinated with
his administrative head.
Section X
Interpretative judgements and interpretative decrees
Article 124
(1) In presence of contradictory or erroneous
jurisprudence on the interpretation or application of the law, an
interpretative judgement shall be adopted by the general assembly of:
1. The criminal, the civil or the commercial college of
the Supreme Court of Cassation,
2. The civil or the commercial colleges of the Supreme
Court of Cassation,
3. A college of the Supreme Administrative Court,
4. The colleges of the Supreme Administrative Court.
(2) In presence of contradictory or erroneous
jurisprudence between the Supreme Court of Cassation and the Supreme
Administrative Court, the general assembly of the judges of the respective
colleges of the two courts shall adopt a joint interpretative decree.
Article 125
The chairperson of the Supreme Court of Cassation, the
chairperson of the Supreme Administrative Court, the Prosecutor General, the
Minister of Justice, the Ombudsman or the chairperson of the Supreme Bar
Council may request the adoption of an interpretative judgement or of an
interpretative decree.
Article 126
A request under Article 125 shall be filed:
1. As regards an interpretative judgement under Article
124, Paragraph 1, with the general assembly of the respective college(s),
2. As regards an interpretative decree under Article
124, Paragraph 2, with the general assemblies of the judges of the respective
colleges of the Supreme Court of Cassation and of the Supreme Administrative
Court.
Article 127
(1) A request shall be made in writing and be reasoned.
(2) The request shall set out:
1. The provision of the legal instrument and an outline
of the disputed issues in its application,
2. The effective judicial acts embodying the
contradictory or erroneous jurisprudence,
3. The specific object of the request.
Article 128
(1) The chairperson of the court with whom a request has
been filed shall institute proceedings by virtue of a personal order and shall
entrust them with several judge rapporteurs.
(2) By virtue of a joint personal order, the
Chairperson of the Supreme Court of Cassation and the Chairperson of the
Supreme Administrative Court shall institute and schedule proceedings for the
adoption of an interpretative decree by the general assembly of the respective
colleges of the two courts.
(3) Proceedings under Paragraphs 1 or 2 shall be
scheduled within two months of the submission of a request.
Article 129
(1) The following may take part in sessions of the
general assembly for the adoption of an interpretative judgement or of an
interpretative decree:
1. The Prosecutor General or a deputy thereof
designated by him,
2. The Minister of Justice or a deputy minister
designated by him,
3. The chairperson of the Supreme Bar Council or a
member thereof designated by him,
(2) The chairperson of the court with which the request
has been filed may invite other lawyers, as well as the ombudsman, to
participate.
(3) The persons under Paragraphs 1 and 2 shall be
notified of the date for the session and shall be provided a copy of the
request with the annexes thereto.
(4) Persons under Paragraphs 1 and 2 may give opinions,
but not take part in voting.
(5) A record shall be kept for the session of the
general assembly, which shall be signed by the presiding judge and the
secretary in charge thereof.
Article 130
(1) Interpretative judgements and interpretative
decrees shall be adopted and delivered within three months of receipt of a
request.
(2) Interpretative judgements and interpretative
decrees shall be binding on judicial and executive bodies, on local government
bodies, as well as on all bodies issuing administrative acts.
Article 131
Interpretative judgements shall be published on an
annual basis in a bulletin of the Supreme Court of Cassation or of the Supreme
Administrative Court and interpretative decrees - in both bulletins.
Chapter five
Court hearings
Article 132
(1) Courts shall examine cases in public hearings.
(2) The publicity of trial may only be limited by law.
By all means, a sentence shall be publicly delivered.
(3) Judges shall be held to deliver their acts in
accordance with the procedure and within the term specified by law.
Article 133
(1) Hearings shall take place in the court building at
the seat of the court.
(2) Under exceptional circumstances, subject to consent
of the chairperson of the court to this effect, a court panel may decide to
conduct a hearing in another building.
Article 134
(1) Judges and prosecutors shall attend hearing in
robes.
(2) Military judges, military prosecutors and military
investigating magistrates shall work in military uniform.
(3) Court assessors shall attend hearing in clothing as
stipulated in the Ordinance under Article 75.
Article 135
(1) The judge presiding over a panel shall be the most
senior of its members.
(2) The presiding member of the panel shall conduct the
court hearing, ensuring that the courtroom is called to order, and he may
sanction offenders in accordance with the procedure provided for by procedural
law.
(3) Personal orders of the presiding member of a panel
shall be binding on all attendants inside the courtroom. Such orders may be
repealed by the court panel.
Chapter six
Prosecution Office
Article 136
(1) The Prosecution Office of the Republic of Bulgaria
shall consist of a Prosecutor General, a Supreme Prosecution Office of
Cassation, a Supreme Administrative Prosecution Office, appellate prosecution
offices, appellate military prosecution offices, district prosecution offices,
district military prosecution offices and of regional prosecution offices.
(2) Administrative departments shall be set up at
district prosecution offices, prosecutors therein taking part in administrative
cases.
(3) The Prosecution Office shall be indivisible and
centralised. Each prosecutor shall be subordinated to the respective prosecutor
at a higher position and all - to the Prosecutor General.
(4) In the discharge of their office military
prosecutors and investigating magistrates shall be independent from the
military bodies.
Article 137
The Prosecution Office shall be a moral person funded
by the state budget.
Article 138
The Prosecutor General shall:
1. Head the Prosecution Office,
2. Organise and distribute work to his deputies,
3. Appoint and relieve from office clerks at the
Supreme Prosecution Office of Cassation, the Supreme Administrative Prosecution
Office and in the administration of the Prosecutor General,
4. Issue instructions and deliver guidelines with
regard to the business of the Prosecution Office.
Article 139
(1) The Prosecutor General shall be assisted by
deputies at the Supreme Prosecution Office of Cassation and the Supreme
Administrative Prosecution Office and may entrust them with certain powers
given to him, unless otherwise provided for by law.
(2) The Prosecutor General and his deputies may repeal
or modify the acts issued by their subordinate prosecutors, unless these have
made the object of judicial review.
Article 140
The administrative heads of the regional, district,
district military, appellate and appellate military prosecution offices shall
organise and direct the business thereof and they shall appoint and relieve
from office the clerks thereat.
Article 141
(1) Every year by 30 April the Prosecutor General shall
submit to the Supreme Judicial Council a report on the application of this Act
and on the business of the Prosecution Office and of investigating bodies.
(2) Every quarter the regional, district and military
district prosecutors shall provide the Prosecutor General with information
about investigations.
(3) The procedure for the provision of information
about investigations carried out by police investigators shall be stipulated in
a joint instruction of the Prosecutor General and of the Minister of Interior.
Article 142
(1) The Prosecutor General in person or acting through
prosecutors thereby designated shall carry out audits and control the work of
all prosecutors.
(2) Prosecutors of appellate and of district
prosecution offices shall carry out audits and shall control the work of
prosecutors in prosecution offices of a degree immediately lower than that of
their own.
(3) Every 6 months regional, district and appellate
prosecutors, the Supreme Prosecution Office of Cassation, the Supreme
Administrative Prosecution Office and the Prosecutor General shall prepare and
provide the Inspectorate at the Supreme Judicial Council and the Minister of
Justice with summary information about the institution and progress of files.
Article 143
(1) All acts and any action taken by a prosecutor may
be appealed before the immediate higher-standing prosecution office, unless
they are subject to judicial review.
(2) A prosecutor at a higher position and a prosecutor
of a higher-standing prosecution office may take the actions falling in the
competence of subordinate prosecutors and suspend or repeal in writing their
personal orders under the circumstances provided for by law.
(3) Written personal orders given by a prosecutor at a
higher position shall be binding on prosecutors subordinate to him.
Article 144
(1) A prosecutor shall direct the investigation in his
capacity of supervising prosecutor.
(2) Where a supervising prosecutor may not take part in
the examination of a case during trial on account of valid reasons, the
higher-standing prosecutor shall designate another prosecutor to replace him.
(3) The regional or district prosecutor concerned shall
provide an annual written opinion on the work of a police investigator, sending
a copy thereof to the chief police investigator.
Article 145
(1) In discharging his functions stipulated by the law,
a prosecutor may:
1. Obtain documents, information, explanations, expert
opinions and other material,
2. Carry out inspections in person,
3. In presence of data conducive to the existence of
criminal offences or of illegal acts and actions, entrust the bodies concerned
with the carrying out of inspections and audits within a term imparted by him,
be provided with their conclusions and, upon request, with all supporting
material,
4. Summons citizens or authorised representatives of
moral persons, being able to order them brought by coercion upon their failure
to appear in the absence of valid reasons,
5. Forward material to a competent body, if he has
found that grounds are present to enforce liability or to apply coercive
administrative measures, which he may not take in person,
6. Apply the measures envisaged by law in the presence
of data conducive to the existence of an impending publicly actionable criminal
or another legal offence.
(2) Personal orders of a prosecutor issued in
compliance with his competence and with the law shall be binding on state
bodies, officials, moral persons and the citizens.
(3) State bodies, the moral persons and the officials
shall be obligated to provide assistance to prosecutors in the discharge of
their powers and allow them access of the premises and places concerned.
(4) As part of their competence and in accordance with
the law, prosecutors may deliver binding written personal orders onto police
bodies.
(5) A prosecutor shall protest and request that illegal
acts are repealed or modified within the term and in accordance with the
procedure under the law. He may suspend the execution of an act until his
protest is examined by the body concerned.
Article 146
(1) In the exercise of supervision to the purpose of
ensuring legality in the enforcement of sentences, of other coercive measures
and inside detention centres, a prosecutor may:
1. Visit, without prior authorisation from the
administration, detention centres, prisons and institutions in which other
coercive measures are served, as well as to check the documents on the basis of
which individuals are detained,
2. Converse alone with detainees and the individuals
placed in such institutions,
3. Examine proposals, tip-offs, complaints and requests
in relation to the service of sentences and of other coercive measures provided
for by law,
4. Order in writing the bodies in charge of enforcing
sentences and the administration of institutions for the service of other
coercive measures to notify him of certain actions, acts and events.
(2) In order to remove and prevent any violations under
Paragraph 1, a prosecutor shall:
1. Immediately release anyone illegally detained in
prison or in an institution for the service of other coercive measures,
2. Deliver binding written personal orders for the
removal of violations,
3. Suspend the execution of illegal written orders and
personal orders of officials and request that these are repealed in accordance
with the relevant procedure.
Article 147
In presence of a service need, appellate and district
prosecutors, in respect to their areas, and the Prosecutor General, in respect
to the whole country, may second prosecutors subject to the terms set hereunder
with reference to the secondment of judges.
Chapter seven
Investigation services
Article 148
(1) The investigation services shall be the National
Investigation Service and the district investigation services.
(2) An investigation service with the powers of a
district investigation service shall be set up in Sofia.
Article 149
(1) The National Investigation Service shall be a moral
person seated in Sofia and funded by the state budget.
(2) The National Investigation Service shall consist of
investigating magistrates.
(3) Specialised departments for the investigation of
cases with particular factual and legal complexity, of cases for criminal
offences committed abroad, of legal cooperation requests, as well as of other
cases provided for by law shall be set up at the National Investigation
Service.
Article 150
The National Investigation Service shall be headed by a
director who shall:
1. Represent the National Investigation Service,
2. Provide organisational, administrative and
methodological direction to investigating magistrates and to the clerks of the
National Investigation Service and of the district investigation services,
3. Appoint and relieve from office the clerks of the
National Investigation Service,
4. In presence of a service need, second investigating
magistrates and clerks of the National Investigation Service and the district
investigation services,
5. Coordinate the business of the investigation
services during investigation and their interaction with other state bodies,
6. Obtain, analyse and summarise information from the
investigation services and departments about the status and effectiveness of
their business and take measures for its improvement and refinement,
7. By 31 March, prepare an annual report on the
business of all investigation services and submit it to the Prosecutor General
who shall incorporate it in his annual report,
8. Every 6 months, prepare and submit to the
Inspectorate at the Supreme Judicial Council and to the Minister of Justice
summarised information about the institution, progress and termination of
cases.
Article 151
(1) District investigation services shall be moral
persons funded by the state budget.
(2) District investigation services shall consist of
investigating magistrates and junior investigating magistrates.
(3) In district investigation service investigation
divisions, based on territoriality considerations and on the types of cases, as
well as support units, may be set up.
Article 152
A district investigation service shall carry out
investigation in all cases under the circumstances provided for by law, with
the exception of those falling in the competence of the National Investigation
Service.
Article 153
A district investigation service shall be headed by a
director who shall:
1. Represent the investigation service and be
responsible for its business,
2. Provide overall organisational, administrative and
methodological direction at the investigation service concerned,
3. In case of service need, second investigating
magistrates and clerks of the investigation service,
4. Appoint and relieve from office the clerks at the
investigation service concerned,
5. Prepare a six-month and an annual report on the
business of the investigation service concerned, which he shall submit to the
director of the National Investigation Service,
6. At the end of any six-month period, prepare and
submit to the Inspectorate at the Supreme Judicial Council and to the Minister
of Justice summarised information about the institution, progress and
termination of cases.
Article 154
Personal orders of the investigating magistrates
concerning investigation shall be binding on all state bodies, moral persons and
the citizens.
Chapter eight
Oath
Article 155
Every judge, upon entering office for the first time,
shall take the following oath: "I swear by the name of the people that I
shall accurately apply the Constitution and the laws of the Republic of
Bulgaria, discharging the duties incumbent on me guided by my conscience and
inner convictions, being impartial, objective and equitable, contributing to
heightening the prestige of the profession, keeping the secret of
deliberations, never forgetting that for all things I do I shall be answerable
to the law. I have been sworn!"
Article 156
Every prosecutor and investigating magistrate shall
take the following oath upon entering office for the first time: "I swear
by the name of the people that I shall accurately apply the Constitution and
the laws of the Republic of Bulgaria, discharging the duties incumbent on me
guided by my conscience and inner convictions, being impartial, objective and
equitable, contributing to heightening the prestige of the profession, keeping
the secret of my office, never forgetting that for all things I do I shall be
answerable to the law. I have been sworn!"
Article 157
(1) The oath shall be taken before the judges,
prosecutors or investigating magistrates of the judicial system body concerned.
(2) Once the oath has been taken, an oath form shall be
signed.
Article 158
Every state enforcement agent and recordation judge
shall sign an oath form upon entering office for the first time with the
following text of the oath: "I swear by the name of the people that I
shall accurately apply the Constitution and the laws of the Republic of
Bulgaria, discharging the duties of my office honestly and in good faith,
keeping the secret of cases entrusted to me, never forgetting that for all
things I do I shall be answerable to the law. I have been sworn!"
Article 159
An individual refusing to take oath or sign an oath
form may not enter office.
Chapter nine
Status of the judges, prosecutors and investigating
magistrates
Section I
Appointment and relief from office
Article 160
A judge, prosecutor, investigating magistrate,
administrative head and a deputy of an administrative head, with the exception
of the chairperson of the Supreme Court of Cassation, of the chairperson of the
Supreme Administrative Court and of the Prosecutor General, shall be appointed,
promoted, demoted, transferred and relieved from office by resolution of the
Supreme Judicial Council.
Article 161
(1) Based on a resolution of the Supreme Judicial
Council for appointment, promotion, demotion and transfer of a judge,
prosecutor and an investigating magistrate, the administrative head shall issue
the act for recruitment to the position concerned, which shall set out:
1. The name of the judicial system body in which the
position is occupied,
2. The legal basis for the occupation of said position,
3. The name of the position and the rank associated
therewith,
4. The amounts of the basic and of the additional
remuneration,
5. The date of entry in office.
(2) Entry in office shall take place within one month
of the adoption of the resolution by the Supreme Judicial Council and it shall
be certified in writing before the administrative head of the judicial system
body concerned.
(3) A judge, prosecutor and an investigating magistrate
shall commence discharging their official duties at the moment of entering
office.
(4) Those who have been appointed as military judges,
military prosecutors or military investigating magistrates shall be admitted to
permanent military service and be given title as commissioned officers.
Article 162
An individual with only a Bulgarian citizenship may be
appointed as a judge, prosecutor and investigating magistrate, provided he also
meets the following conditions:
1. Has a higher education in the specialty area of law,
2. Has undergone the internship herein provided for and
obtained legal competency,
3. Has got the required standard of ethics and
professionalism complying with the rules of professional ethics for judges,
prosecutors and investigating magistrates,
4. Has not been sentenced to imprisonment for a
deliberate criminal offence, notwithstanding rehabilitation,
5. Does not suffer from a mental illness.
Article 163
There shall be the following positions for judges,
prosecutors and investigating magistrates:
1. A judge at the Supreme Court of Cassation, a judge
at the Supreme Administrative Court, a prosecutor at the Supreme Prosecution
Office of Cassation, a prosecutor at the Supreme Administrative Prosecution
Office and an investigating magistrate at the National Investigation Service,
2. A judge at the appellate court and a prosecutor at
the appellate prosecution office,
3. A judge at the district court, a judge at the
administrative court, a prosecutor at the district prosecution office and an
investigating magistrate at the district investigation service,
4. A judge at the regional court and a prosecutor at
the regional prosecution office,
5. A junior judge, a junior prosecutor and a junior
investigating magistrate.
Article 164
(1) An individual with at least three years of service
record shall be appointed as a judge at a regional court, a prosecutor at a
regional prosecution office and an investigating magistrate at a district
investigation service.
(2) An individual with at least 8 years of service
record shall be appointed as a judge with a district court and a prosecutor
with a district prosecution office.
(3) An individual with at least 8 years of service
record shall be appointed as a judge with an administrative court.
(4) An individual with at least 10 years of service
record shall be appointed as a judge at an appellate court and as a prosecutor
at an appellate prosecution office.
(5) An individual with at least 12 years of service
record shall be appointed as a judge at the Supreme Court of Cassation and at
the Supreme Administrative Court, as a prosecutor at the Supreme Prosecution
Office of Cassation and at the Supreme Administrative Prosecution Office and as
an investigating magistrate at the National Investigation Service.
(6) The service record at a position or in a job for
which higher legal education is required, including service record of
individuals with higher legal education at the position of police investigator
in the system of the Ministry of Interior or of police investigator in the
system of the Ministry of Defence shall count toward the service record under
Paragraphs 1 - 5.
(7) Service record as a judge at an international court
set up by virtue of an international treaty to which the Republic of Bulgaria
is a party or set up within an international organisation of which the Republic
of Bulgaria is a member, shall also count toward the service record under
Paragraphs 1 - 5.
Article 165
(1) A judge, prosecutor or an investigating magistrate
shall be relieved from office upon:
1. Turning 65 years of age,
2. Resignation,
3. Entry into force of a sentence to imprisonment for a
deliberate criminal offence,
4. A lasting de facto inability to discharge duties for
more than one year,
5. A disciplinary relief from office imposed as a
disciplinary sanction,
6. A resolution of the Supreme Judicial Council
refusing the status of tenure,
7. Incompatibility with positions and business under
Article 195, Paragraph 1,
8. Return of the replaced,
9. Reinstatement in office following illegal relief
therefrom.
(2) A junior judge, a junior prosecutor and a junior
investigating magistrate shall also be relieved from office if at a second
examination under Article 258, Paragraph 4 they are given a "failed"
mark.
(3) A judge, prosecutor and an investigating magistrate
who have acquired tenure shall only be relieved from office on the grounds of
Article 129, Paragraph 3 of the Constitution of the Republic of Bulgaria, as
well as under the circumstances of Paragraph 1, item 7.
(4) A judge, prosecutor and an investigating magistrate
who have gone into retirement by virtue of Paragraph 1, item 1 shall not be
entitled to occupying an office with judicial system bodies.
Article 166
(1) A judge, prosecutor or an investigating magistrate
shall resign from office with at least a 6-month advance notice.
(2) Within the period of the advance notice a judge,
prosecutor or investigating magistrate shall be obligated to draft all acts in
the cases and files assigned to him, no new cases and files being assigned
thereto.
Article 167
(1) The following shall be administrative heads of the
judicial system bodies:
1. The Chairperson of the Supreme Court of Cassation,
the Chairperson of the Supreme Administrative Court, the Prosecutor General and
the Director of the National Investigation Service,
2. A chairperson of an appellate and of the Appellate
Military Court, an appellate and an appellate military prosecutor,
3. A chairperson of a district, an administrative and a
military court, a district and a district military prosecutor and a director of
a district investigation service,
4. A chairperson of a regional court and a regional
prosecutor.
(2) The term of office of an administrative head shall
start running on the date of his entry in office.
Article 168
(1) In the discharge of his business an administrative
head shall be assisted by a deputy.
(2) The deputy of an administrative head shall be
appointed for a term of 5 years, being entitled to reappointment. The term of
office shall start running on the date of entry in office.
(3) In all cases of absence the administrative head
shall entrust by virtue of a written order his deputy with the discharge of his
functions or part thereof. Where the administrative head has not designated a
deputy, his functions shall be discharged by one of his deputies in the order
of seniority.
Article 169
A judge, prosecutor or an investigating magistrate
shall be appointed as an administrative head, with the exception of the
Chairperson of the Supreme Court of Cassation, the Chairperson of the Supreme
Administrative Court and the Prosecutor General.
Article 170
(1) An individual meeting the requirements under
Article 164, Paragraph 4 shall be appointed as the administrative head of a
regional, district or an administrative court, of a district prosecution office
and of a district investigation service.
(2) An individual meeting the requirements of Article
164, Paragraph 5 shall be appointed as the administrative head of the Supreme
Court of Cassation, the Supreme Administrative Court, the Supreme Prosecution
Office of Cassation, the Supreme Administrative Prosecution Office, of an
appellate court, an appellate prosecution office and of the National
Investigation Service.
Article 171
(1) The Supreme Judicial Council shall adopt a
resolution for appointment of an administrative head or a deputy thereof by a
majority of more than half of its members.
(2) Where none of the nominated candidates has gathered
the required majority, election shall be pursued in respect to those two of
them who have gathered the largest number of votes.
Article 172
(1) The administrative positions shall be a chairperson
of division or of a college at the court and head of department at a
prosecution office and at the investigation services.
(2) Chairpersons of divisions shall administer the
cases in said division and may preside over judicial panels therein.
(3) Chairpersons of divisions in court and heads of
department in prosecution offices and in investigation services shall be
appointed by the respective administrative head.
Article 173
(1) The procedure for election of candidates as
Chairperson of the Supreme Court of Cassation, Chairperson of the Supreme
Administrative Court and as Prosecutor General shall be opened by the Supreme
Judicial Council no earlier than two months and no later than one month prior
to the expiry of the term of office or within 7 days of occurrence of any
circumstance under Article 175, Paragraph 1.
(2) Nominations can be made by no less than one-fifth
of Supreme Judicial Council members, as well as by the Minister of Justice.
(3) Nominations shall be made at the two consecutive
sessions following that in which a resolution to open the procedure is adopted.
(4) A proposal shall be made in writing and a service
record abstract for the candidate shall be attached to it based on a model
endorsed by the Supreme Judicial Council.
(5) Proposals shall be submitted for examination to the
Supreme Judicial Council by the acting chairperson no later than 7 days prior
to the session at which these must be examined. The Supreme Judicial Council
shall hear candidates in the alphabetical order.
(6) The Supreme Judicial Council shall adopt a
resolution for the election of a candidate by a majority of more than
two-thirds of its members by secret ballot.
(7) Where in the first round of voting no candidate has
gathered votes by more than two-thirds of Supreme Judicial Council members, the
election shall be pursued in respect to the two candidates who have gathered
the largest number of votes.
(8) In case a new proposal is made where the President
of the Republic of Bulgaria has refused to appoint a candidate nominated by the
Supreme Judicial Council, election shall take place in pursuance of Paragraphs
1 - 7.
Article 174
(1) The Director of the National Investigation Service
shall be elected in pursuance of the procedure under Article 173, Paragraphs 2
- 5 and 7 by a majority of more than half of Supreme Judicial Council members.
(2) The term of office of the Director of the National
Investigation Service shall start running on the day of his entry in office.
Article 175
(1) An administrative head or a deputy of an
administrative head shall be early relieved from office on the grounds of
Article 129, Paragraph 3 of the Constitution of the Republic of Bulgaria.
(2) An administrative head or a deputy of an
administrative head shall also be early relieved from office in cases where he
has been relieved from office as a judge, prosecutor or investigating magistrate
on the grounds of Article 129, Paragraph 3, items 2 - 5 of the Constitution of
the Republic of Bulgaria.
(3) A proposal for the early relief from office of an
administrative head, as well as of his deputy, with the exception of the
chairperson of the Supreme Court of Cassation, the chairperson of the Supreme
Administrative Court and the Prosecutor General, shall be made in writing:
1. No earlier than two months and no later than one
month prior to the expiry of the term of office or of his turning 65 years of
age,
2. Within three days of gaining knowledge of the
circumstances under Article 129, Paragraph 3, items 2 - 5 of the Constitution
of the Republic of Bulgaria.
(4) In the event of early termination of the term of
office of an administrative head, an individual shall be appointed in his stead
whose term of office shall start running on the date of his entry in office.
Until the entry in office of a new administrative head, his functions shall be
discharged by a deputy designated by the Supreme Judicial Council.
(5) The grounds for the early relief from office of the
Chairperson of the Supreme Court of Cassation, of the Chairperson of the
Supreme Administrative Court and of the Prosecutor General shall be established
by the Supreme Judicial Council by virtue of a resolution adopted in pursuance
of the procedure under Article 173, relief from office being thereafter
proposed to the President of the Republic of Bulgaria.
(6) The grounds for early relief from office of the
Director of the National Investigation Service shall be established by the
Supreme Judicial Council by virtue of a resolution adopted in pursuance of the
procedure under Article 173, Paragraphs 2 - 5 and 7.
Section II
Competitions for the appointment, promotion in position
and
transfer of a judge, prosecutor and an investigating
magistrate
Article 176
(1) For recruitment to positions at judicial system
bodies centralised competitions for the following positions shall be carried
out:
1. Junior judges, junior prosecutors and junior
investigating magistrates,
2. Initial appointment.
(2) The competition under Paragraph 1, item 1 shall
take place at least once every year, no later than three months of its
announcement.
(3) The competition under Paragraph 1, item 2 shall
take place twice every year, no later than two months of its announcement.
Article 177
(1) The available positions for junior judges, junior
prosecutors and junior investigating magistrates shall be planned by the
Supreme Judicial Council at the proposal of the administrative heads of
judicial system bodies for each upcoming calendar year.
(2) The positions planned for junior judges, junior
prosecutors and junior investigating magistrates may not be transformed after
the announcement of the competition.
(3) Vacated positions for junior judges, junior
prosecutors and junior investigating magistrates may not be transformed into
positions for judges, prosecutors and investigating magistrates.
Article 178
(1) The Supreme Judicial Council shall designate, by a
draw of lots, 20 percent of the number of available positions in court, the
prosecution office and the investigation service for occupation through a
competition for initial appointment.
(2) The percentages under Paragraph 1 shall be
separately specified for each of the levels in court, the prosecution office
and the investigation service.
Article 179
The positions for junior judges, junior prosecutors,
junior investigating magistrates and the available positions for initial
appointment shall be announced by the Supreme Judicial Council through a
publication in the State Gazette, in a central daily and on the website of the
Supreme Judicial Council.
Article 180
(1) The Supreme Judicial Council shall announce a
separate competition for each judicial system body through publication of the
resolution in the State Gazette, in a central daily and on the website of the
Supreme Judicial Council.
(2) The announcement under Paragraph 1 shall set out:
1. The number and type of positions and the judicial
system bodies to which these refer,
2. The required documents, the deadline and location
for their submission,
3. The programme of the competition,
4. The date, time and venue for the competition.
Article 181
(1) An individual meeting the requirements of Article
162 may take part in the competition for junior judges, junior prosecutors and
junior investigating magistrates.
(2) An individual may take part in a competition for
initial appointment if he meets the requirements of Article 162 and has the
service record under Article 164 required for the position for which the
competition is announced.
(3) Documents for participation in the competition
shall be filed with the administration of the Supreme Judicial Council.
Article 182
(1) The Commission on proposals and the performance
appraisal of judges, prosecutors and investigating magistrates shall inspect
the documents and admit to participation in the competition all candidates
satisfying the conditions under Article 181, Paragraph 1 or Paragraph 2.
(2) The lists of individuals admitted and not admitted
to participation in the competition shall be announced on the website of the
Supreme Judicial Council at least 7 days prior to the date of the competition.
(3) The lists of individuals not admitted to
participation shall also specify the grounds for non-admission.
Article 183
(1) The competition shall be carried out by a
competition commission consisting of a chairperson, four regular and two
reserve members. Depending on the number of candidates, the Supreme Judicial Council
may set up more than one commission.
(2) At least one habilitated legal scientist shall be a
regular commission member.
(3) Members of an initial appointment commission shall
have a rank equal to or higher than that of the announced available position.
(4) The names of each commission members shall be
designated in a resolution of the Supreme Judicial Council.
Article 184
(1) The competition shall insist in a written and
verbal examination, marks being given on a scale of six.
(2) The written examination shall be anonymous and
shall consist in a case study pertaining to the respective branch of law.
(3) The results of the written examination shall be
posted at a public location inside the building of the Supreme Judicial Council
and on its website three days after the commission who had carried out the
examination has signed the record of proceedings therefor.
(4) A candidate who has passed the written examination
with a mark not lower than very good 4.5 shall be admitted to verbal
examination.
(5) The verbal examination shall take place no earlier
than 7 days of the announcement under Paragraph 3.
Article 185
(1) The competition commission shall deliver the
results of the oral examination within 7 days thereof at a public location
inside the building of the Supreme Judicial Council and on its website.
(2) Within 7 days of the results under Paragraph 1
being delivered, a candidate who has successfully passed the competition shall
file a statement, confirming his participation in the ranking for a particular
position and for the judicial system body for which he had applied.
(3) A candidate who has failed to file a statement
under Paragraph 2 shall not take part in ranking.
Article 186
(1) The competition commission shall rank the
candidates for each position by ordering them in accordance with their score,
which shall be formed as a sum of the marks at the written, the verbal
examination and the grade point average of their state examinations.
(2) The chairperson of the competition commission shall
file a proposal with the Supreme Judicial Council for the appointment of the
candidates under Paragraph 1.
(3) The Supreme Judicial Council shall adopt a
resolution for the appointment of candidates in accordance with the order of
their ranking until completion of the vacancies for which the competition had
been announced.
Article 187
(1) Any interested party may appeal from the resolution
of the Supreme Judicial Council under Article 186, Paragraph 3 within 7 days of
its adoption.
(2) When an appeal under Paragraph 1 has been filed,
candidates shall not enter office.
(3) The Supreme Administrative Court shall examine the
appeal as a three-member panel and its judgement shall be final.
Article 188
(1) Competitions shall be organised by the administration
of the Supreme Judicial Council.
(2) The procedure for submission of documents for
participation in the competition, the formation of commissions, the competition
procedure and the procedure for evaluation of the candidates shall be specified
in an Ordinance of the SJC that shall be published in the Stage Gazette.
Article 189
(1) The available positions in courts, prosecution
offices and investigation services, other than those under Article 178, shall
be announced by the Supreme Judicial Council in accordance with the procedure
under Article 179 and shall be taken after a competition based on a performance
appraisal.
(2) Promotion in position shall be the act of passing
to a position of a higher degree in a judicial system body.
(3) Transfer shall be the act of passing to a position
of equal degree in a judicial system body.
Article 190
The announcement under Article 189, Paragraph 1 shall
be made at the same time as the announcement of positions available for initial
appointment and it shall set out the number and type of positions, as well as
the judicial system bodies to which it refers.
Article 191
(1) A candidate for a position under Article 189,
Paragraph 1 may be a judge, prosecutor or an investigating magistrate with the
required service record under Article 164 for the available position announced.
(2) The candidate shall file documents with the Supreme
Judicial Council.
(3) The Commission on proposals and the performance
appraisal of judges, prosecutors and investigating magistrates shall inspect
the documents of all candidates.
(4) The list of all candidates shall be announced on
the website of the Supreme Judicial Council, grounds being set out for the
candidates failing to satisfy the conditions.
Article 192
(1) The Commission on proposals and the performance
appraisal of judges, prosecutors and investigating magistrates shall appraise
the performance of every candidate satisfying the occupational requirements for
the available position announced, with the exception of candidates whose
performance has been appraised a year before the announcement of available
positions.
(2) The results of the performance appraisal under
Paragraph 1 shall be announced on the website of the Supreme Judicial Council
after its completion in respect to all candidates.
(3) Within 7 days of the announcement under Paragraph 2
every judge, prosecutor or investigating magistrate with a positive integrated
evaluation at the performance appraisal shall file a statement to confirm his
participation in the ranking for the position and for the judicial system body
for which he has applied.
(4) A candidate who has failed to file the statement
under Paragraph 3 shall not be ranked.
Article 193
(1) The Chairperson of the Commission on proposals and
the performance appraisal of judges, prosecutors and investigating magistrates
shall submit to the Supreme Judicial Council a reasoned opinion, summarising
the results of the performance appraisal for each candidate.
(2) The Supreme Judicial Council shall carry out ranking
for every position in accordance with the results of the performance appraisal.
(3) Where several candidates for one position share the
same result at the performance appraisal, the candidate with a higher rank
shall be given preference. Where the candidates also are of equal rank,
preference shall be given to a candidate with a longer service record in
judicial system bodies.
Article 194
(1) The Supreme Judicial Council shall adopt a
resolution for the promotion or transfer of judges, prosecutors or investigating
magistrates following the ranking order until the occupation of vacancies.
(2) A resolution under Paragraph 1 may be appealed
subject to the terms and procedure under Article 187.
Section III
Incompatibility
Article 195
(1) A judge, prosecutor or an investigating magistrate,
while in office, may not:
1. Be a member of the National Assembly, a mayor or
municipal councillor,
2. Be in office in state or municipal bodies, as well
as in EU institutions,
3. Exercise trade or be a partner, manager or sit on
supervisory, management boards or boards of directors or on control bodies of
commercial companies, cooperatives or not-for-profit moral persons carrying out
profitable business, with the exception of those of professional associations
of the judges, prosecutors and investigating magistrates,
4. Be remunerated for business under a contract or as
part of an official legal relationship with a state, municipal or public
organisation, a commercial company, cooperative, not-for-profit moral person,
an individual or sole proprietor, with the exception of scientific or teaching
activities, work on draft legal instruments assigned by the National Assembly
or executive bodies, as well as for the exercise of copyright,
5. Exercise a liberal profession or another remunerate
professional activity,
6. Be a member of political parties or coalitions, of
organisations with a political goal, carry out political activity, as well as
be a member of organisations or carrying out business interfering with his independence,
7. Be a member of a trade union organisation outside
the judicial system.
(2) Upon termination of office, individuals under
Paragraph 1, item 1, the ministers or deputy ministers who have filed a request
with the Supreme Judicial Council within 14 days of the date of their relief
from office, shall be reinstated to the position previously occupied in
judicial system bodies, the time spent in discharging the respective office
counting toward their service record under Article 164, Paragraphs 1 - 5.
Section IV
Performance appraisal. Tenure
Article 196
Performance appraisal shall be carried out:
1. To the purpose of acquiring tenure,
2. To the purpose of promotion in position or of
transfer,
3. To the purpose of promotion in rank,
4. On a regular basis, 5 years after a previous
performance appraisal, until completion of 60 years of age,
5. To the purpose of appointment as an administrative
head or a deputy of an administrative head.
Article 197
The appraisal of qualifications of a judge, prosecutor
or investigating magistrate shall be made on the basis of general and specific
criteria.
Article 198
(1) The general criteria for the performance appraisal
of a judge, prosecutor or an investigating magistrate shall be:
1. The number, type and complexity of files and cases,
2. Compliance with terms,
3. The number of acts confirmed and repealed and the
grounds therefor,
4. The presence of easy to understand and justified
reasoning for the acts,
5. The outcomes of inspections carried out by the Inspectorate
at the Supreme Judicial Council,
6. The presence of incentives and sanctions in the
period to which the performance appraisal refers,
7. Observation of professional ethics rules for judges,
prosecutors and investigating magistrates.
(2) The overall workload in the judicial area concerned
and of the specific judicial system body, as well as the workload of the
appraised judge, prosecutor or investigating magistrate, compared to that of
other judges, prosecutors or investigating magistrates at the same judicial
system body, shall also be taken into consideration for the purposes of
performance appraisal.
Article 199
(1) Specific criteria for the performance appraisal of
judges shall be:
1. The compliance with the schedule of court hearings,
2. The skills for conducting court hearings and drawing
up records of proceedings.
(2) Specific criteria for the performance appraisal of
prosecutors shall be:
1. The skills for planning and adopting a structured
approach at taking action in pre-trial and trial proceedings,
2. The level of implementation of written instructions
and personal orders of a higher-standing prosecutor,
3. The ability to organise the work and to direct
investigation bodies and teams involved in pre-trial proceedings.
(3) Specific criteria for the performance appraisal of
investigating magistrates shall be:
1. The skills for planning and adopting a structured
approach at taking action in pre-trial proceedings,
2. The level of implementation of written instructions
and personal orders of the prosecutor.
Article 200
(1) The performance appraisal of an administrative head
or of a deputy of an administrative head shall cover an evaluation of his
qualifications as a judge, prosecutor or an investigating magistrate and an
evaluation of his fitness to occupy a leadership position.
(2) Qualifications shall be evaluated on the basis of
the general and specific criteria for judges, prosecutors and investigating
magistrates.
Article 201
(1) The criteria for evaluation of the fitness to
occupy a leadership position shall be:
1. The ability to work in a team and to distribute
assignments therein,
2. The ability to make decisions,
3. Presentability.
(2) While appraising the performance of an
administrative head or a deputy of an administrative head, the performance of
the judicial system body he heads shall also be analysed and taken into
consideration.
(3) Indicators for the evaluation of presentability
shall be:
1. The presence of conduct conducive to heightening the
respectability of the Judiciary,
2. Skills to communicate with other state bodies,
citizens and moral persons.
Article 202
(1) The integrated score from the performance appraisal
may be positive or negative.
(2) The levels of a positive integrated score shall be:
1. Satisfactory,
2. Good,
3. Very good.
Article 203
(1) The performance appraisal of a judge, prosecutor or
an investigating magistrate shall take place upon:
1. A resolution of the Commission on proposals and the
performance appraisal of judges, prosecutors and investigating magistrates,
2. Proposal of a person under Article 38, Paragraph 2
or Paragraph 3.
(2) The proposal for performance appraisal to the
purpose of acquiring tenure or for regular performance appraisal shall be made
up to three months prior to the expiry of the five-year term.
(3) In cases under Article 196, item 5, the Commission
on proposals and the performance appraisal of judges, prosecutors and
investigating magistrates shall carry out a performance appraisal of all
candidates.
Article 204
(1) The Commission on proposals and the performance
appraisal of judges, prosecutors and investigating magistrates may entrust with
a support performance appraisal commission the inspection of business of the
appraised judges, prosecutors, investigating magistrates, administrative heads
or deputies of administrative heads, based on the established appraisal
indicators.
(2) In cases under Paragraph 1, the support performance
appraisal commission shall submit to the Commission on proposals and the performance
appraisal of judges, prosecutors and investigating magistrates a summary report
on the outcomes of the inspection, which shall also set out a proposed
integrated score.
(3) In order to proceed with performance appraisal, the
Commission on proposals and the performance appraisal of judges, prosecutors
and investigating magistrates may hear the appraised judge, prosecutor,
investigating magistrate, administrative head or deputy of an administrative
head, as well as gather additional information, based on the established
performance appraisal indicators.
Article 205
(1) The Commission on proposals and the performance
appraisal of judges, prosecutors and investigating magistrates shall provide
the appraised with the results of the performance appraisal prior to their
submission for discussion to the Supreme Judicial Council.
(2) The appraised may give objections in writing, which
he shall file with the Commission on proposals and the performance appraisal of
judges, prosecutors and investigating magistrates.
(3) The Commission on proposals and the performance
appraisal of judges, prosecutors and investigating magistrates shall examine
the written objections and give an opinion thereon.
Article 206
(1) The Commission on proposals and the performance
appraisal of judges, prosecutors and investigating magistrates shall submit to
the Supreme Judicial Council the results of the performance appraisal, the
written objections and its opinion thereon, as well as a proposal for an
integrated score, within 14 days of completion of the performance appraisal.
(2) The Supreme Judicial Council shall hear the
appraised, where the Commission on proposals and the performance appraisal of
judges, prosecutors and investigating magistrates has proposed a negative integrated
score. The appraised shall be notified at least 7 days before the session date
and he shall be given the opportunity of filing objections in writing.
(3) Outside Paragraph 2 cases, the Supreme Judicial
Council may hear the appraised judge, prosecutor, investigating magistrate,
administrative head or deputy of an administrative head.
Article 207
(1) By resolution the Supreme Judicial Council shall
determine the integrated score of the performance appraisal.
(2) The resolution under Paragraph 1 may also contain
recommendations to the appraised judge, prosecutor, investigating magistrate,
administrative head or deputy of an administrative head, the implementation of
which shall be taken into consideration in the following performance appraisal.
(3) In cases where performance appraisal has been
carried out to the purpose of acquiring tenure, promotion in rank or of
appointment of an administrative head or a deputy of an administrative head and
the integrated score is negative, a new performance appraisal may take place
two years later, at the earliest.
Article 208
(1) In the performance appraisal methodology, the
indicators relating to the examination and disposal of files and cases shall be
given the largest weight.
(2) The methodology for performance appraisal, the
requirements to the members of support performance appraisal commissions, as
well as the content and format of the act in which information about the
completed performance appraisal is contained, shall be specified in a
resolution of the Supreme Judicial Council.
(3) The resolution under Paragraph 2 shall be published
on the website of the Supreme Judicial Council.
Article 209
(1) A judge, prosecutor or investigating magistrate
shall acquire tenure after completion of the service record specified in
Article 129, Paragraph 3 of the Constitution of the Republic of Bulgaria,
provided he has obtained a positive integrated score in his performance
appraisal.
(2) The time served as junior judge, junior prosecutor
or junior investigating magistrate shall also count toward the service record
required for acquisition of tenure.
Section V
Rights and duties
Article 210
Judges, prosecutors and investigating magistrates shall
be obligated:
1. To dispose of the files and cases assigned to them
within the imparted term,
2. Take part in sessions of the general assembly of the
respective judicial system body,
3. Where necessary, to discharge their official duties
outside normal business hours,
4. Discharge other office related tasks assigned by
their administrative head.
Article 211
(1) Judges and court assessors shall be obligated to
keep the secret of deliberations when disposing of cases.
(2) Judges, prosecutors and investigating magistrates
shall be obligated to keep as official secret the information of which they
have gained knowledge while on service and which affects the interests of
citizens, moral persons and the state.
Article 212
Judges, court assessors, prosecutors and investigating
magistrates shall have no right to share in advance of the judgement any views
on the cases assigned to them, as well as any views on cases not assigned to
them.
Article 213
A judge, prosecutor or an investigating magistrate
shall not have the right to provide legal advice.
Article 214
A judge, prosecutor or an investigating magistrate may
not be convoked to a training field event or a military exercise.
Article 215
In the implementation of their functions, judges,
prosecutors and investigating magistrates may ask all state bodies, officials,
moral persons and citizens for assistance, which they shall be obligated to
provide.
Article 216
(1) The state shall protect judges, prosecutors and
investigating magistrates in the discharge of their official duties and shall
compensate them for damages suffered during or on the occasion of implementing
their official functions. The amount of compensation shall be determined on the
basis of the difference between the actual amount of damage and the amount of
their mandatory insurance.
(2) Under the conditions of Paragraph 1, the state
shall also compensate the damages inflicted on the spouses, ascendants or
descendants of judges, prosecutors and investigating magistrates due to the
discharge of their official duties.
Article 217
(1) Judges, prosecutors and investigating magistrates
may form and be members of organisations for the protection of their
professional interests.
(2) Organisations under Paragraph 1 may not be members
of federations or confederations of trade union organisations of workers and
employees.
Article 218
(1) The chairpersons of the Supreme Court of Cassation
and of the Supreme Administrative Court, the Prosecutor General and the
Director of the National Investigation Service shall have a basic monthly
remuneration equal to 90 percent of the remuneration of the chairperson of the
Constitutional Court.
(2) The basic monthly remuneration for the lowest
judicial, prosecutorial or investigating magisterial position shall be set at
the double amount of the average monthly salary of budget-funded employees,
based on data of the National Institute of Statistics.
(3) Remunerations for other positions at judicial
system bodies shall be set by the Supreme Judicial Council.
Article 219
On top of the basic monthly remuneration, judges,
prosecutors and investigating magistrates shall be paid additional remuneration
for extended work as a judge, prosecutor and an investigating magistrate at the
amount of 2 percent for each year of service record, not to exceed 40 percent.
Article 220
Additional remuneration for extra work shall be paid to
judges, prosecutors and investigating magistrates only for the discharge of
their official duties on holidays and days off.
Article 221
Judges, prosecutors and investigating magistrates shall
receive every year funds for robes and clothing at the amount of two average
monthly salaries of the budget-funded employees.
Article 222
In case of promotion or transfer of a judge, prosecutor
or an investigating magistrate within judicial system bodies, no compensation
shall be paid.
Article 223
While in office, judges, prosecutors and investigating
magistrates may use housing belonging to the internal housing fund of the
judicial system bodies.
Article 224
(1) Mandatory social security and health insurance of
judges, prosecutors and investigating magistrates shall be provided at the
expense of the Judiciary budget.
(2) Judges, prosecutors and investigating magistrates
shall be mandatorily insured against accidents at the expense of the Judiciary
budget.
Article 225
(1) Upon relief from office, a judge, prosecutor or an
investigating magistrate with more than 10 years in service at such position
shall have the right to a one-off compensation at the number of gross monthly
remunerations equalling the number of years in service with judicial system
bodies, not exceeding 20.
(2) Compensation under Paragraph 1 shall not be paid in
cases under Article 165, Paragraph 1, item 3, as well as where the integrated
score of the last performance appraisal of the judge, prosecutor or
investigating magistrate concerned has been negative.
(3) In cases where a judge, prosecutor or an
investigating magistrate has been indicted of a deliberate criminal offence or
disciplinary proceedings have been opened against him, compensation shall not
be paid until completion of the criminal or disciplinary proceedings.
(4) Upon subsequent relief from office, the
compensation obtained previously on the same grounds shall be deducted from the
compensation due under Paragraph 1.
(5) In the event of death of a judge, prosecutor or
investigating magistrate, compensation under Paragraph 1 shall be paid out to
his heirs.
Article 226
A judge, prosecutor or investigating magistrate
illegally relieved from office shall have, upon reinstatement, the right to
compensation at the amount of his gross remuneration for the time in which he
was out of office, limited, however, to 6 months. Where he has been appointed
to another position entailing a lower salary or has received remuneration for
another type of work of a lower amount, he shall be entitled to the difference
in salaries or to the difference between such salary and such remuneration. The
gross salary on the basis of which compensation is calculated shall be the
gross salary set at the moment relief from office is recognised as illegal or
of his failure to appear for the purpose of entering office.
Article 227
(1) A judge, prosecutor or an investigating magistrate
may not be seconded for more than three months in the same calendar year
without his prior written consent.
(2) Pregnant women and the mothers of children aged
less than three years may not be seconded without their prior written consent.
(3) For the time in which a judge, prosecutor or an
investigating magistrate is seconded for the discharge of a higher office than
his own, he shall correspondingly receive higher remuneration.
Article 228
(1) Judges, prosecutors and investigating magistrates
shall declare their income and property before the National Audit Office
subject to the terms and procedure of the Public Disclosure of Senior Public
Official's Financial Interests Act.
(2) The Supreme Judicial Council shall provide the
National Audit Office with information about the remunerations of individuals
occupying judicial, prosecutorial or investigating magisterial positions, as
well as about any changes in their official status.
Article 229
The Labour Code shall apply to any matters that have
not been provided for in this Section.
Section VI
Temporary removal from office
Article 230
(1) In cases under Article 132 of the Constitution of
the Republic of Bulgaria, where a judge, prosecutor or an investigating
magistrate has been indicted, the Supreme Judicial Council shall temporarily
remove him from office until the completion of criminal proceedings.
(2) Where, outside cases under Paragraph 1, publicly
actionable criminal proceedings have been instituted against a judge,
prosecutor or an investigating magistrate, the Supreme Judicial Council may
remove him from office until the completion of criminal proceedings.
(3) A request for temporary removal from office shall
be made by the Prosecutor General or by no less than one-fifth of the total
number of Supreme Judicial Council members - in cases under Paragraph 2.
(4) In cases where a judge, prosecutor or an investigating
magistrate has been remanded in custody, he shall be deemed as temporarily
removed from office from the date of entry into force of the judicial act for
the adoption of such a measure.
Article 231
Where criminal proceedings have terminated or an
acquittal has been adopted, the judge, prosecutor or investigating magistrate
temporarily removed from office shall be reinstated and be paid labour
remuneration for the duration of such removal.
Article 232
In presence of pending disciplinary proceedings
entailing disciplinary relief from office as a sanction, a judge, prosecutor,
administrative head or deputy of an administrative head may be removed from
office for a period of up to 6 months by the Supreme Judicial Council at the
proposal of its disciplinary panel.
Section VII
Ranks. On-the-job promotion. Seniority
Article 233
(1) The ranks of judges, prosecutors and investigating
magistrates indicated in the ascending order shall be as follows:
1. A judge at a district court, a prosecutor at a
district prosecution office and an investigating magistrate at a district
investigation service,
2. A judge at an appellate court and a prosecutor at an
appellate prosecution office,
3. A judge at the Supreme Court of Cassation and at the
Supreme Administrative Court, a prosecutor at the Supreme Prosecution Office of
Cassation and at the Supreme Administrative Prosecution Office and an
investigating magistrate at the National Investigation Service.
(2) Judges at the city court in Sofia shall have the
rank of a judge at an appellate court and judges at the regional court in Sofia
shall have the rank of a judge at a district court.
(3) Prosecutors at the city prosecution office in Sofia
shall have the rank of prosecutors at an appellate prosecution office and prosecutors
at the regional prosecution office in Sofia shall have the tank of prosecutors
at a district prosecution office.
Article 234
On-the-job promotion of a judge, prosecutor and an
investigating magistrate to a higher rank and remuneration may take place
against substantiated high qualifications and the exemplary discharge of
official duties, where the judge, prosecutor and investigating magistrate has
served at least three years at this or an assimilated position and provided he
meets the requirements of Article 164.
Article 235
Based on the rank for the position held and reckoning
with the ranks of judges, prosecutors and investigating magistrates, on-the-job
promotion shall be to no more than two higher ranks, inclusive.
Article 236
A judge, prosecutor or an investigating magistrate
relieved from office, other than due to the entry into force of a sentence to
imprisonment for a deliberate criminal offence or disciplinary relief from
office as a sanction, upon subsequent appointment shall keep the rank he had
prior to such relief.
Article 237
The seniority of a judge, prosecutor and an
investigating magistrate shall be determined:
1. On the basis of the leadership function or
administrative position he discharges at the respective court, prosecution
office or investigation service,
2. Upon equality in rank - on the basis of the service
record in the respective judicial system body and for those with military
titles, on the basis of the latter.
3. Upon equality in position, rank and military title -
on the basis of the service record under Article 164, Paragraphs 1 - 5.
Chapter ten
Junior judges, junior prosecutors and junior
investigating magistrates.
Judicial assistants and prosecutorial assistants.
Section I
Junior judges, junior prosecutors and junior
investigating magistrates
Article 238
An individual meeting the requirements of Article 162
and having successfully passed the respective competition may be appointed as a
junior judge, junior prosecutor and junior investigating magistrate.
Article 239
(1) A junior judge shall be appointed to a district
court.
(2) A junior prosecutor shall be appointed to a
regional prosecution office.
(3) A junior investigating magistrate shall be
appointed to a district investigation service.
Article 240
(1) The junior judge, junior prosecutor and junior
investigating magistrate shall be appointed for a term of three years.
(2) The term under Paragraph 1 may be extended by 6
months following a resolution of the Supreme Judicial Council to this effect.
Article 241
Upon entering office the junior judge, junior
prosecutor and junior investigating magistrate shall correspondingly take the
oath under Article 155 and Article 156.
Article 242
The administrative head of the respective court,
prosecution office or district investigation service shall designate by order a
judge, prosecutor and investigating magistrate as mentor who shall monitor and
assist the professional development of the junior judge, junior prosecutor and
junior investigating magistrate.
Article 243
(1) Following expiry of the term under Article 240, the
junior judge, junior prosecutor and junior investigating magistrate shall be
appointed, correspondingly, to the position of a judge at a regional court, a
prosecutor at a regional prosecution office or of an investigating magistrate
at a district investigation service without competition.
(2) Where no position is available in the respective
judicial area, the individual shall be offered a position in another judicial
area.
Section II
Judicial assistants and prosecutorial assistants
Article 244
(1) There shall be judicial assistants at the district
and the appellate courts, at the Supreme Court of Cassation and at the Supreme
Administrative Court.
(2) There shall be prosecutorial assistants at district
and appellate prosecution offices, at the Supreme Prosecution Office of
Cassation and the Supreme Administrative Prosecution Office.
Article 245
(1) An individual meeting the requirements of Article
162 and having successfully passed a competition for clerks of court shall be
appointed as a judicial assistant and as a prosecutorial assistant.
(2) Candidates shall be appointed in the order of their
ranking by the competition commission.
Article 246
(1) Judicial assistants shall be appointed by the
administrative head of the respective court.
(2) Prosecutorial assistants shall be appointed by the
Prosecutor General or the administrative head of the respective prosecution
office.
Article 247
Judicial assistants and prosecutorial assistants shall
receive basic monthly remuneration at the amount of 90 percent of the one for
the lowest judicial or prosecutorial position.
Article 248
The Labour Code shall apply to matters that have not
been provided for in this Section.
Chapter eleven
National Institute of Justice
Article 249
(1) The National Institute of Justice shall carry out:
1. Mandatory inception training,
2. Operations for maintaining and improving the
qualifications of judges, prosecutors and investigating magistrates, of state
enforcement agents, recordation judges, clerks of court, of the inspectors at
the Inspectorate with the Minister of Justice and of other officers of the
Ministry of Justice.
(2) A training and information centre shall be set up
with the National Institute of Justice, organising distance learning,
researching and studying jurisprudence, including the practice in the
administration of justice, for training needs.
Article 250
The National Institute of Justice shall be a moral
person seated in Sofia.
Article 251
(1) The National Institute of Justice shall be funded
from the budget of the Judiciary, from programmes and projects, from donations
and trough its own business related to training.
(2) The Supreme Judicial Council shall provide
resources required for the delivery of all trainings envisaged in the law to
the National Institute of Justice budget.
Article 252
(1) The National Institute of Justice shall be headed
by a management board, including four representatives of the Supreme Judicial
Council and three representatives of the Ministry of Justice.
(2) The chairperson of the Supreme Court of Cassation
shall be an ex lege member of the management board from the quota of the
Supreme Judicial Council and he shall be the chair of that board.
(3) The Minister of Justice shall be an ex lege member
of the management board from the quota of the Ministry of Justice.
Article 253
The management board of the National Institute of
Justice shall:
1. Appoint and relieve from office the Director and the
deputy directors,
2. Adopt the training programmes,
3. Approve the draft National Institute of Justice
budget and submit it to the Supreme Judicial Council,
4. Adopt internal rules as envisaged in the Regulations
under Article 263,
5. Approve the composition of the programme board of
the National Institute of Justice,
6. Set the number of staff,
7. Adopt a three-year business plan,
8. Organise, direct and control the participation of
the National Institute of Justice in the European Judicial Training Network.
Article 254
The resolutions of the management board shall be
adopted by a majority of more than half its members, with the exception of
resolutions under Article 253, items 1 - 4, which shall be adopted by a
majority of two-thirds of the members.
Article 255
(1) The National Institute of Justice shall be managed
by a Director.
(2) The Director of the National Institute of Justice
shall be appointed by the management board for a term of three years with the
right to reappointment after evaluation of his operations by the management
board.
(3) In the absence of the Director, his powers shall be
exercised by a deputy director threby authorised in writing.
Article 256
(1) The programme board shall be a support body of the
National Institute of Justice with advisory functions.
(2) The composition of the programme board shall be
approved by the management board and include prominent specialists of legal
theory and practice.
(3) Programme board members shall be involved in the
preparation and updating of training programmes.
Article 257
(1) National Institute of Justice training programmes
shall be endorsed by the management board at the proposal of the Director.
(2) Programmes and operations for improvement of the
qualifications of state enforcement agents, recordation judges, clerks of
court, of inspectors at the Inspectorate with the Minister of Justice and of
the other officers of the Ministry of Justice shall be coordinated with the
Minister of Justice.
Article 258
(1) Immediately after entering office junior judges,
junior prosecutors and junior investigating magistrates shall undergo a
mandatory inception training course at the National Institute of Justice.
(2) The training course under Paragraph 1 shall last 6
months. During that time trainees shall receive the remuneration for the
position to which they have been appointed and shall be exempted from
administering justice.
(3) At the end of the training under Paragraph 1,
junior judges, junior prosecutors and junior investigating magistrates shall
sit for an examination that shall be marked as "pass" or
"fail".
(4) When marked "fail", the junior judge,
junior prosecutor and junior investigating magistrate concerned shall sit again
for the examination three months later. If again marked "fail", the
individual shall be relieved from the occupied position.
(5) The National Institute of Justice shall provide
methodological guidance to the junior judge, junior prosecutor and junior
investigating magistrate following completion of the training course under
Paragraph 1 until he takes the respective position.
Article 259
Upon initial appointment to a position with the
judicial system bodies, during their first year following entry in office,
judges, prosecutors and investigating magistrates shall undergo a mandatory course
for the improvement of qualifications.
Article 260
Participation of the clerks of court in the appropriate
qualification course of the National Institute of Justice shall be taken into
consideration for the purposes of their promotion.
Article 261
The Supreme Judicial Council may decide that particular
courses are mandatory for judges, prosecutors, investigating magistrates and
clerks of court, in the event of:
1. Promotion in position,
2. Appointment as administrative heads,
3. Specialisation.
Article 262
(1) The mandatory inception training of junior judges,
junior prosecutors and junior investigating magistrates shall be carried out by
permanent and temporary instructors.
(2) Permanent instructors of the National Institute of
Justice may be judges, prosecutors, investigating magistrates, legal science
professors and research workers.
(3) Judges, prosecutors and investigating magistrates
doing work as permanent instructors shall be on official leave or they may be
seconded by the Supreme Judicial Council at the proposal and expenses of the
National Institute of Justice for the time in which they will do teaching.
Article 263
At the proposal of the management board the Supreme
Judicial Council shall adopt Regulations concerning the operational organisation
of the National Institute of Justice which shall be published in the State
Gazette.
Chapter twelve
State enforcement agents
Article 264
(1) There shall be state enforcement agents at the
regional courts.
(2) The number of state enforcement agents shall be set
by the Minister of Justice.
(3) In regional courts with no state enforcement agents
their functions shall be implemented by a regional judge designated by the
chairperson of the respective court, of which the Minister of Justice shall be
notified.
Article 265
State enforcement agents shall be appointed by the
Minister of Justice after competition. The Minister of Justice may also
schedule a competition at the proposal of the chairperson of a regional court.
Article 266
(1) The Minister of Justice shall schedule a
competition for state enforcement agents by virtue of an order, in which the
procedure for its conduct shall be stipulated.
(2) The order shall be posted at a public location
inside the building of the regional court and be published in the State Gazette
and in a central daily, as well as on the website of the Ministry of Justice,
within a period of two months prior to the competition date.
(3) The order under Paragraph 1 shall set out:
1. The number of available positions for state
enforcement agents and the areas of their operation,
2. The date, time and venue for the competition,
3. The place and deadline for submission of competition
documents,
4. The state fee for participation in the competition
and the account to which it must be paid.
(4) The Ministry of Justice shall collect a state fee
for the competition at the amount specified in a tariff approved by the Council
of Ministers.
Article 267
Individuals meetings the requirements of Article 162
may apply in the competition for state enforcement agents.
Article 268
(1) The competition for state enforcement agents shall
consist of written and verbal examination.
(2) The competition shall be conducted by a commission
composed of a chairperson and two members, designated by the Minister of
Justice.
(3) The competition commission shall rank the
candidates and send the ranking to the Minister of Justice within a period of 7
days.
(4) Within 14 days of receiving the ranking, the
Minister of Justice shall appoint the candidates who have successfully passed
the competition in the order of their ranking, until occupation of the
available positions.
Article 269
In the event of a single candidate having worked as
state enforcement agent for more than 5 years, the latter shall be appointed to
the position without competition.
Article 270
At the request of a state enforcement agent who has
discharged such office for no less than two years, the Minister of Justice may
transfer him to another regional court after taking the opinion of the
chairpersons of the regional courts concerned.
Article 271
A state enforcement agent shall be relieved from office
by the Minister of Justice:
1. Upon retirement,
2. At his own wish,
3. Upon entry into force of a sentence to imprisonment
for a deliberate criminal offence,
4. In presence of lasting inability to discharge his
duties for more than one year,
5. Upon serious breach or systematic failure to
discharge his official duties.
Article 272
(1) The Minister of Justice may remove from office a
state enforcement agent who has been indicted of a publicly actionable criminal
offence.
(2) Upon termination of criminal proceedings or
adoption of an acquittal, the state enforcement agent who has been temporarily
removed from office shall be reinstated and paid labour remuneration for the
duration of such removal.
Article 273
(1) In judicial areas with two or more state
enforcement agents, one of them, having proven his standard of professionalism,
shall be appointed for a period of 5 years and with the right to reappointment
as head by the Minister of Justice. The individual shall receive additional
remuneration for the leadership position he discharges.
(2) In the event of absence, the head shall be replaced
by a state enforcement agent designated by the chairperson of the regional
court, of which the Minister of Justice shall be notified.
Article 274
Where the position is unoccupied or the appointed state
enforcement agent is prevented from discharging the office and may not be
replaced by another state enforcement agent of the same court, the chairperson
of the respective district court or the Minister of Justice may second in his
stead a state enforcement agent from another judicial area.
Article 275
(1) While on duty, a state enforcement agent shall
carry a particular sign specified by the Minister of Justice.
(2) State bodies, officials, organisations and the
citizens shall be obligated to provide assistance to the state enforcement
agent in the discharge of his official duties.
(3) Where illegally obstructed in discharging his
official duties, a state enforcement agent may ask for assistance, police
bodies being obligated to provide it immediately.
Article 276
Where a state enforcement agent has made proof of
professional qualifications and exemplary discharge of his official duties
after the completion of 6 years in service, the Minister of Justice may set his
remuneration up at the amount of a district court judge's, following a proposal
of the chairperson of the respective court.
Article 277
(1) State enforcement agents shall every year be paid
sums for clothing at the amount of two average monthly salaries of
budget-funded employees.
(2) Mandatory social security and health insurance of
state enforcement agents and their insurance against accidents during or on the
occasion of discharging their official duties shall be provided at the expense
of the Judiciary budget.
(3) Upon termination of their labour legal
relationship, state enforcement agents shall be paid compensation subject to
the terms of Article 225.
Article 278
Unless otherwise provided for in this Chapter, the
Labour Code shall apply.
Chapter thirteen
Recordation judges
Article 279
(1) There shall be recordation judges at the regional
courts.
(2) The number of recordation judges shall be set by
the Minister of Justice.
(3) In regional courts with no recordation judge or
where he is prevented from discharging functions, these shall be taken up by a
regional judge, of which the Minister of Justice shall be notified.
(4) The Minister of Justice may entrust a state
enforcement agent of the same court with discharging the functions of a
recordation judge.
Article 280
(1) A recordation judge shall:
1. Order or refuse recordations, markings or deletions
on the estate register and rule on the issuance of abstracts and certificates,
2. Take notary and other action provided for by law.
(2) A recordation judge may only take action in his
area.
Article 281
A recordation judge shall be appointed by the Minister
of Justice after competition. The Minister of Justice may also schedule a
competition at the proposal of the chairperson of a regional court.
Article 282
(1) The Minister of Justice shall schedule a
competition for recordation judges by virtue of an order, where the procedure
for its conduct shall be stipulated.
(2) The order shall be posted at a public location
inside the building of the regional court and be published in the State Gazette
and in a central daily, as well as on the website of the Ministry of Justice,
within a period of two months prior to the competition date.
(3) The order under Paragraph 1 shall set out:
1. The number of available positions for recordation
judges and the areas of their operation,
2. The date, time and venue for the competition,
3. The place and deadline for submission of competition
documents,
4. The state fee for participation in the competition
and the account to which it must be paid.
(4) The Ministry of Justice shall collect a state fee
for the competition at the amount specified in a tariff approved by the Council
of Ministers.
Article 283
Individuals meetings the requirements of Article 162
may apply in the competition for recordation judges.
Article 284
(1) The competition for recordation judges shall
consist of written and verbal examination.
(2) The competition shall be conducted by a commission
composed of a chairperson and two members, designated by the Minister of
Justice.
(3) The competition commission shall rank the
candidates and send the ranking to the Minister of Justice within a period of 7
days.
(4) Within two weeks of receiving the ranking the
Minister of Justice shall appoint the candidates who have successfully passed
the competition, in the order of their ranking until occupation of the
available positions.
Article 285
In the event of a single candidate having worked as
recordation judge for more than 5 years, he shall be appointed to the position
without competition.
Article 286
At the request of a recordation judge who has
discharged such office for no less than two years, the Minister of Justice may
transfer him to another regional court after taking the opinion of the
chairpersons of the regional courts concerned.
Article 287
A recordation judge shall be relieved from office by
the Minister of Justice:
1. Upon retirement,
2. At his own wish,
3. Upon the entry into force of a sentence to
imprisonment for a deliberate criminal offence,
4. In the presence of lasting inability to discharge
his duties for more than one year,
5. Upon serious breach of or systematic failure in
discharging his official duties.
Article 288
(1) The Minister of Justice may remove from office a
recordation judge who has been indicted of a publicly actionable criminal
offence.
(2) Upon termination of the criminal proceedings or
adoption of an acquittal, the recordation judge who has been temporarily
removed from office shall be reinstated and paid labour remuneration for the
duration of such removal.
Article 289
(1) In recordation services with more than one
recordation judge, one of them having made proof of a high standard of
professionalism shall be appointed by the Minister of Justice as head for a
period of 5 years with the right to reappointment. The individual shall receive
additional remuneration for the leadership position he discharges.
(2) In the event of absence, the head shall be replaced
by a recordation judge designated by the chairperson of the regional court, of
which the Minister of Justice shall be notified.
Article 290
Where the position is unoccupied or the appointed
recordation judge is prevented from discharging office and may not be replaced
by another recordation judge of the same court, the chairperson of the
respective district court or the Minister of Justice may second in his stead a
recordation judge from another judicial area.
Article 291
Where a recordation judge has made proof of high
professional qualifications and an exemplary discharge of official duties,
after completion of 6 years in service the Minister of Justice may set his
remuneration up to the amount for a district court judge, following a proposal
of the chairperson of the respective court.
Article 292
(1) Recordation judges shall every year be paid sums
for clothing at the amount of two average monthly salaries of budget-funded
employees.
(2) Mandatory social security and health insurance of
recordation judges and their insurance against accidents during or on the
occasion of discharging their official duties shall be provided at the expense
of the Judiciary budget.
(3) Upon termination of their labour legal
relationship, recordation judges shall be paid compensation subject to the
temrs of Article 225.
Article 293
Unless otherwise provided for in this Chapter, the
Labour Code shall apply.
Chapter fourteen
Obtaining competency
Article 294
(1) Those who have completed higher education in the
specialty area of law shall obtain legal competency after a 6-month internship
as trainee lawyers and an examination.
(2) During their internship, trainee lawyers shall gain
practical knowledge of the main functions and the organisation of operations of
judicial system bodies and be involved in drafting the acts thereby adopted.
Article 295
(1) A trainee lawyer may be a Bulgarian national, a
national of another EU member-state or a foreign national who has completed
higher education in the specialty area of law in the Republic of Bulgaria.
(2) A trainee lawyer may also be a Bulgarian national,
a national of another EU member-state or a foreign national who has completed
higher education in the specialty area of law abroad, provided that the diploma
acquired by him is recognised in the Republic of Bulgaria and has been
legalised.
Article 296
A candidate trainee lawyer shall file with the Ministry
of Justice:
1. A written application stating his full name,
personal identity number or foreign national personal number and his permanent
address,
2. A notarised copy of his diploma or certificate of
completed higher education in the specialty area of law,
3. An abstract of his criminal record,
4. A copy of an identity paper,
5. A copy of his certificate of residence, in the case
of nationals of another EU member-state.
Article 297
(1) The Minister of Justice shall assign the trainee
lawyer to a district court in the judicial area of which he has his permanent
address. By way of exception, where important circumstances so require, a
trainee lawyer may be assigned to another judicial area.
(2) During his internship a trainee lawyer shall not
receive remuneration and the term of internship shall not count toward his
social security record.
(3) Internship shall take place at a regional court, at
a district court, at a regional prosecution office, at a district prosecution
office and at a district investigation service in accordance with a procedure
stipulated by the chairperson of the district court.
(4) The internship shall commence the day on which the
trainee lawyer has been admitted to the respective district court. Upon
admission, the trainee lawyer shall be issued an internship booklet.
(5) Internship shall be deemed completed where the
internship booklet has been duly certified in accordance with the established
procedure by the respective court, prosecution office and investigation
service.
Article 298
(1) After completion of the internship, the trainee
lawyer shall sit for an examination to the purpose of obtaining legal
competency.
(2) In order to sit for the examination, the trainee
lawyer shall file a written application with the Minister of Justice c/o the
chairperson of the respective district court, to which his internship booklet
shall be attached.
Article 299
(1) By order the Minister of Justice shall set the date
and time for the examination leading to the obtainment of legal competency, the
composition of the examination commission, as well as the trainee lawyers
admitted for examination.
(2) The date, time of and the list of trainee lawyers
admitted for examination shall be announced within three days prior to the
examination date at the Ministry of Justice and shall be published on its
website.
(3) The examination shall take place at the Ministry of
Justice on a questionnaire endorsed by the Minister.
(4) The examination shall be conducted by a
three-member commission composed of a chairperson, i.e. representing the
Inspectorate with the Minister of Justice, and the following members, i.e. a
representative of the judicial system bodies and of the Supreme Bar Council.
The judicial system bodies and those of the Supreme Bar Council shall notify
the Minister of Justice of the representatives designated by them.
Article 300
(1) The examination leading to the obtainment of legal
competency shall be marked with "pass" or "fail". The
results of this examination shall be entered on a record of proceedings that
shall be signed by the members of the examination commission and stored at the
Ministry of Justice.
(2) A trainee lawyer marked with "fail" shall
be entitled to re-sit for the examination after an additional two-month
internship.
Article 301
The Minister of Justice shall issue a certificate of
legal competency to a trainee lawyer who has been marked with "pass".
Chapter fifteen
Incentives
Article 302
The Supreme Judicial Council may propose to the
President of the Republic of Bulgaria the award of orders or medals to judges,
prosecutors and investigating magistrates for their exceptional or significant
contribution in the exercise of judicial powers.
Article 303
(1) For a high standard of professionalism, exemplary
discharge of the official duties and a high standard of ethics, the Supreme
Judicial Council may provide incentives to a judge, prosecutor and
investigating magistrate, taking the form of a token of appreciation or an
award.
(2) There shall be the following tokens of
appreciation:
1. Expression of official gratitude and a certificate;
2. Personal sign of honour:
a) First degree - in gold,
b) Second degree - in silver;
3. Early promotion in rank.
(3) The award at the amount of up to one basic monthly
remuneration shall be:
1. Either pecuniary,
2. Or an item.
(4) A token of appreciation may be combined with an
award.
Article 304
(1) The Minister of Justice, the Chairperson of the
Supreme Court of Cassation, the Chairperson of the Supreme Administrative
Court, the Prosecutor General, the Director of the National Investigation
Service, a chairperson of an appellate, appellate military, district or
administrative court, the appellate, appellate military, district and district
military prosecutor, one-fifth of the members of the Supreme Judicial Council
and the respective professional organisations shall make a proposal for the
provision of incentives to the Supreme Judicial Council.
(2) The Inspectorate at the Supreme Judicial Council
may propose the provision of incentives to the respective administrative head.
Article 305
(1) The Minister of Justice may provide incentives in
the form of a token of appreciation or an award to a state enforcement agent or
a to a recordation judge for a high standard of professionalism, exemplary
discharge of the official duties and a high standard of ethics in public life.
(2) There shall be the following tokens of
appreciation:
1. Expression of official gratitude and a certificate;
2. Personal sign of honour:
a) First degree - in gold,
b) Second degree - in silver;
(3) The award at the amount of up to one basic monthly
remuneration shall be:
1. Either pecuniary,
2. Or an item.
(4) A token of appreciation may be combined with an
award.
Article 306
The chairperson of the respective regional court or the
Inspector General at the Inspectorate with the Minister of Justice shall
propose the provision of incentives to the Minister of Justice.
Chapter sixteen
Discipline
Article 307
(1) A judge, prosecutor, investigating magistrate,
state enforcement agent and a recordation judge shall be disciplined where they
have committed a disciplinary offence.
(2) A disciplinary offence shall be the guilty failure
of a judge, prosecutor and investigating magistrate in fulfilling their
official duties.
(3)Disciplinary offences shall be:
1. The systematic failure to observe terms provided for
in procedural laws,
2. Any action slowing down proceedings without
justification,
3. The breaking of professional ethic rules,
4. Any action undermining the prestige of the
Judiciary,
5. Failure to discharge any other official duties.
(4) Other than in cases under Paragraph 1, a military
judge, military prosecutor and a military investigating magistrate shall also
incur disciplinary liability for offences provided for in special laws and
statutes.
(5) Disciplinary liability shall be incurred
irrespective of civil, criminal or penal administrative liability, should any
of the latter be envisaged.
Article 308
(1) The disciplinary sanctions for a judge, prosecutor,
investigating magistrate, administrative head and a deputy of an administrative
head shall be:
1. Reprimand,
2. Censure,
3. Reduction of the basic labour remuneration by 10 to
25 percent for a term of 6 months to two years,
4. Demotion in rank or position at the same judicial
system body for a term of one to three years,
5. Relief from office as administrative head or deputy
of an administrative head,
6. Disciplinary relief from office.
(2) The disciplinary sanctions for state enforcement
agents and for recordation judges shall be:
1. Reprimand,
2. Censure,
3. Warning of dismissal,
4. Dismissal.
(3) One disciplinary sanction shall only be imposed for
one and the same disciplinary offence.
Article 309
When setting the disciplinary sanction, the gravity of
the offence, the form of guilt, the surrounding circumstances and the conduct
of the offender shall be taken into consideration.
Article 310
(1) Disciplinary proceedings shall be opened within up
to three months of discovery, but not later than two years of commission of the
offence.
(2) Disciplinary proceedings shall end within up to
three months from being instituted, expiry of said term not constituting valid
grounds for liability ceasing to exist.
(3) Where an offence takes the form of an omission to
act, the terms under Paragraph 1 shall start running from the discovery
thereof.
(4) In the case of a disciplinary offence which is also
a crime established by virtue of an effective sentence, the terms under
Paragraph 1 shall start running from the entry into force of such sentence.
(5) The terms under Paragraph 1 shall not run during
legally established leave of the individual concerned.
Article 311
A disciplinary sanction shall be imposed by:
1. The administrative head, as regards the sanctions
under Article 308, Paragraph 1, items 1 and 2 served on a judge, prosecutor or
an investigating magistrate;
2. The Supreme Judicial Council, as regards the
sanctions:
a) Under Article 308, Paragraph 1, items 2, 4, and 6
served on a judge, prosecutor or an investigating magistrate,
b) Served on an administrative head or a deputy of an
administrative head;
3. The Minister of Justice, in respect to the sanctions
served on a state enforcement agent or a recordation judge.
Article 312
(1) A proposal for the imposition of a disciplinary sanction
on a judge, prosecutor, investigating magistrate, administrative head or a
deputy of an administrative head can be made by:
1. The respective administrative head,
2. Any higher-standing administrative head,
3. The Inspectorate at the Supreme Judicial Council,
4. No less than one-fifth of the Supreme Judicial
Council members,
5. The Minister of Justice.
(2) A proposal for the imposition of a disciplinary
sanction on a state enforcement agent or a recordation judge can be made by the
administrative head of the respective district or regional court or by the
Inspector General of the Inspectorate with the Minister of Justice.
Article 313
(1) Prior to imposing a disciplinary sanction, the
sanctioning body shall hear the disciplinary defendant or take his written
explanation and shall collect the evidence of relevance to the case.
(2) Where the sanctioning body has not heard the
individual or has not taken his written explanation, the court shall repeal the
imposed disciplinary sanction without examining the case on its merits, unless
the disciplinary defendant has failed to provide explanations or has not been
heard for reasons attributable to him.
(3) Until entry into force of the order or of the
decision for imposition of a disciplinary sanction, no facts or circumstances
concerning the disciplinary proceedings may be disclosed.
Article 314
(1) Disciplinary sanctions under Article 308, Paragraph
1, items 1 and 2 shall be imposed by a reasoned order of the administrative
head on a judge, prosecutor or investigating magistrate who is a disciplinary
defendant.
(2) The administrative head shall notify the Supreme
Judicial Council of the imposed sanction, forwarding the file and the order
immediately after issuance of the latter.
(3) The Supreme Judicial Council, within up to one
month of receiving the order under Paragraph 2, may uphold, repeal or modify
the imposed sanction in pursuance of the general procedure.
(4) The order of the administrative head for the
imposition of a disciplinary sanction may not be separately appealed before
court.
(5) Where in the course of disciplinary proceedings it
is established that there are grounds for the imposition of a sanction under
Article 308, Paragraph 1, items 3, 4, and 6, the administrative head shall
suspend the disciplinary proceedings, making a proposal for the imposition of
the sanction to the Supreme Judicial Council and sending the file to the
latter.
Article 315
Disciplinary sanctions under Article 308, Paragraph 2
shall be imposed by a reasoned order of the Minister of Justice.
Article 316
(1) Disciplinary sanctions under Article 308, Paragraph
1, items 3, 4 and 6 served on a judge, prosecutor and an investigating
magistrate, as well as disciplinary sanctions served on an administrative head
or a deputy of an administrative head, shall be imposed by a resolution of the
Supreme Judicial Council.
(2) Disciplinary proceedings shall be instituted within
7 days of receipt of a proposal to this effect.
(3) When instituting disciplinary proceedings, the Supreme
Judicial Council shall designate by a draw of lots from among its members a
three-member disciplinary panel. The members of the disciplinary panel shall
elect a presiding member.
(4) The presiding member of the disciplinary panel
shall schedule a hearing within 7 days of the institution of disciplinary
proceedings.
(5) Copies of the proposal for imposition of a
disciplinary sanction and of the written evidence attached thereto shall be
sent to the disciplinary defendant who, within 7 days of the notification made
in pursuance of the Civil Procedure Code, may file written objections and
indicate evidence.
Article 317
(1) The disciplinary defendant and the author of the
proposal shall be notified of the hearing conducted by the disciplinary panel.
(2) Once disciplinary proceedings have been instituted,
the author may not withdraw his proposal.
Article 318
(1) Hearings conducted by the disciplinary panel shall
be closed.
(2) The disciplinary defendant shall be entitled to
have defence provided by an attorney-at-law.
(3) The disciplinary panel shall elucidate the facts
and circumstances surrounding the offence, being allowed to gather verbal,
written and material evidence, including through the services of a delegated
member, as well as to hear expert witnesses in accordance with the Civil
Procedure Code.
(4) The author of the proposal or a representative
thereby authorised, the disciplinary defendant and his defence counsel shall be
heard by the disciplinary panel in case they attend the hearing.
Article 319
(1) Within 7 days of the last hearing the disciplinary
panel shall adopt a resolution, establishing the facts subject to
substantiation; give an opinion on the circumstances and the legal basis for
the imposition of a disciplinary sanction and propose the type and amount of
such sanction.
(2) The decisions of the disciplinary panel shall be
adopted by a majority of more than half its members.
Article 320
(1) Within 7 days of adopting a decision, the
disciplinary panel shall transmit it to the acting chairperson of the Supreme
Judicial Council together with the case file to the purpose of their immediate
submission to the Supreme Judicial Council.
(2) The Supreme Judicial Council shall examine the
proposal of the disciplinary panel for the imposition of a disciplinary
sanction within 7 days of its submission.
(3) The Supreme Judicial Council may reject the
proposal for the imposition of a disciplinary sanction or impose a disciplinary
sanction.
(4) The resolution of the Supreme Judicial Council
shall be adopted by a majority of more than half its members and it shall be
reasoned. The reasoning for the decision of the disciplinary panel, as well as
any considerations shared by Supreme Judicial Council members, shall count as
reasoning for the resolution.
(5) The resolution of the Supreme Judicial Council
shall be immediately notified in pursuance of the Civil Procedure Code to the
disciplinary defendant and to the author of the proposal.
Article 321
A disciplinary sanction shall be imposed on a state
enforcement agent or on a recordation judge by the Minister of Justice after a
hearing of the individual or presenting him with the opportunity to submit
written objections against the proposal within a period of 7 days.
Article 322
A disciplinary sanction shall be deemed imposed on the
day of notification to the disciplinary defendant of the Supreme Judicial
Council's resolution or of the order of the Minister of Justice.
Article 323
(1) The resolution of the Supreme Judicial Council or
the order of the Minister of Justice may be appealed before the Supreme
Administrative Court within 7 days of notification, by the individual who has
been imposed a disciplinary sanction.
(2) The appeal shall not suspend execution, unless the
Supreme Administrative Court decides otherwise.
(3) The appeal shall be examined by a three-member
panel of the Supreme Administrative Court within one month of being received in
court.
(4) The judgement of the three-member panel of the
Supreme Administrative Court shall be final, unless it upholds a disciplinary
relief from office or dismissal.
(5) A judgement upholding a disciplinary relief from
office or dismissal shall be subject to appeal within 7 days of notification
before a five-member panel of the Supreme Administrative Court. The five-member
panel shall examine the case within one month of receiving the appeal and its
judgement shall be final.
Article 324
The effective resolution for the imposition of a
disciplinary sanction on a judge, prosecutor, investigating magistrate, an
administrative head and on a deputy of an administrative head shall be posted
on the website of the Supreme Judicial Council.
Article 325
(1) The effective resolution of the Supreme Judicial
Council for the imposition of a disciplinary sanction shall be subject to
immediate execution.
(2) The effective resolution for the imposition of the
disciplinary sanction of demotion in rank or position or of relief from the
office of administrative head or of a deputy of an administrative head shall
also be a basis for the reduction of remuneration received by the judge,
prosecutor or investigating magistrate concerned in line with the lower rank or
position, for the term of the sanction involved.
Article 326
(1) A disciplinary sanction, with the exception of
relief from office or of dismissal, shall be deleted one year after having been
served.
(2) The deletion of the disciplinary sanction of relief
from the office of administrative head or of a deputy of an administrative head
shall not be a basis for the reinstatement of the individual to the position
from which he has been relieved.
(3) A disciplinary sanction, with the exception of
disciplinary relief from office or dismissal, may also be deleted prior to the
expiry of the term under Paragraph 1, but no earlier than 6 months following
its imposition, by the body which has imposed it, provided the individual on
whom it has been served has not committed any other offence.
(4) Early deletion of a disciplinary sanction shall
occur at the initiative of the administrative head or of the bodies or the
persons that have made a proposal for its imposition.
(5) Deletion shall act ex nunc.
Article 327
An administrative head may draw the attention of judges
from the regional, district, administrative and appellate court, of prosecutors
from the regional, district and appellate prosecution offices, of investigating
magistrates from the National Investigation Service and District Investigation
Services to any breaches they have allowed to occur in the institution and
progress of cases or in the organisation of their work, the Supreme Judicial
Council being notified thereof.
Article 328
Insofar as this Chapter contains no special rules,
those of the Civil Procedure Code shall apply.
Chapter seventeen
Court vacation. Types of leave
Article 329
(1) The courts shall be on vacation from 15 July until
1 September.
(2) Prosecutors and investigating magistrates, state
enforcement agents and recordation judges shall not have the benefit of court
vacation.
(3) The following shall be examined during the court
vacation:
1. Criminal cases in which a measure of remand in
custody has been adopted;
2. Cases for alimony, parental rights of children under
age and for illegal dismissal;
3. Requests for the provision of security for claims,
for evidence, for the obtainment of authorisations and orders under the Family
Code, for the appointment of special representatives;
4. Bankruptcy cases;
5. Cases under the Protection against Domestic Violence
Act;
6. Cases the examination of which is stipulated by law
within less than a month;
7. Other cases, based on the judgement of the
administrative head of the court or prosecution office or of the Minister of
Justice.
(4) The administrative heads of courts and prosecution
offices shall ensure during court vacation a sufficient number of judicial
panels and prosecutors for the examination of the above cases and requests.
Article 330
(1) A judge, prosecutor, investigating magistrate,
state enforcement agent and a recordation judge shall have the right to a
regular paid annual leave of 30 business days and to additional leave at the
amount of one business day for any two years of legal service on record.
(2) The total amount of leave under Paragraph 1 may not
exceed 60 calendar days.
Article 331
(1) A judge, prosecutor, investigating magistrate,
state enforcement agent or a recordation judge may be allowed unpaid leave.
(2) Unpaid leave of up to 30 business days in a
calendar year shall count as legal service record.
Article 332
(1) A judge, prosecutor, investigating magistrate,
state enforcement agent or a recordation judge shall have the right to leave:
1. For contracting marriage, of two business days,
2. In the event of donating blood, on the day of the
examination and blood donation and a day thereafter,
3. In the event of death of a parent, child, spouse,
brother, sister or relative of the spouse, as well as of other relatives of
direct lineage without limitation, of two business days.
4. Where he has been summonsed to court as a party or
witness,
5. During training and participation in voluntary
formations under the Disaster Protection Act.
(2) A state enforcement agents or recordation judge
shall also have the right to leave when called to a field training event, for
the duration thereof, including the days of travel to and from it. Where the
field training event lasts 15 or more days, the state enforcement agents and
the recordation judge shall have the right to two calendar days of paid leave
prior to their departure and to two days after their return.
(3) During leaves under Paragraph 1, items 1 - 3, the
remuneration for the position held shall be paid, and under Paragraph 1, items
4 and 5 or under Paragraph 2 - subject to the provisions of special laws.
Article 333
A judge, prosecutor, investigating magistrate, state
enforcement agent or recordation judge shall have the right to leave for
temporary work disability, pregnancy, birth and adoption, for raising a young
child, for lactation and feeding of a young child, in the event of death or
serious disease of a parent, subject to the conditions and at the amounts
provided for in the Labour Code and the Social Security Code.
Article 334
(1) For the duration of his participation in
qualification improvement and prequalification courses, a judge, prosecutor,
investigating magistrate, state enforcement agent or a recordation judge shall
be on official paid leave.
(2) For the duration of an election campaign when a
judge, prosecutor, investigating magistrate, state enforcement agent and a
recordation judge runs for elected office at state bodies, he shall be on
official paid or unpaid leave.
(3) A judge, prosecutor, investigating magistrate,
state enforcement agent or a recordation judge who has been sent away to
improve his qualifications by a judicial system body or the Minister of Justice
for a period of more than three months, shall be obligated to work at the
respective body for a period of no less than three years after his return.
Where the individual terminates his legal relationship prior to the expiry of
said period, he shall restitute the full amount he has received for the trip.
Article 335
A judge, prosecutor, investigating magistrate, state
enforcement agent and a recordation judge shall also have the right to leave
for training subject to the conditions, in pursuance of the procedure and at
the amounts provided for in the Labour Code.
Article 336
A judge, prosecutor or a clerk of court shall use his
regular annual paid leave during the court vacation and where this is not
possible - at another time throughout the year.
Article 337
Based on a judgement of the administrative head, a
judge, prosecutor, investigating magistrate, state enforcement agent or a
recordation judge shall not be able to use leave other than in the event of
temporary work disability, before he has prepared his acts and returned the
cases assigned to him.
Article 338
The use of leave other than for temporary work
disability, shall be authorised by:
1. The chairperson of the regional court, for judges at
the regional court, for state enforcement agents and recordation judges,
2. The chairperson of the district court, for judges at
the district court and for chairpersons of regional courts,
3. The chairperson of the military court, for judges at
the military court,
4. The chairperson of the administrative court, for
judges at the administrative court,
5. The chairperson of the appellate court, for judges
at the appellate courts and for the chairpersons of district courts,
6. The chairperson of the appellate military court, for
judges of the appellate military court and the chairpersons of the military
courts,
7. The chairperson of the Supreme Court of Cassation,
for judges at the Supreme Court of Cassation and for the chairpersons of appellate
courts and of the appellate military court,
8. The chairperson of the Supreme Administrative Court,
for judges at the Supreme Administrative Court and for chairpersons of
administrative courts,
9. The district prosecutor, for prosecutors at the district
prosecution office and at regional prosecution offices,
10. The appellate prosecutor, for prosecutors at the
appellate prosecution office and for district prosecutors,
11. The district military prosecutor, for prosecutors
at the district military prosecution office and for military investigating
magistrates,
12. The appellate military prosecutor, for prosecutors
at the appellate military prosecution office and for district military
prosecutors,
13. The Prosecutor General, for the administrative heads
of the Supreme Prosecution Office of Cassation and of the Supreme
Administrative Prosecution Office, the prosecutors at the same prosecution
offices, appellate prosecutors and the appellate military prosecutor,
14. The Director of the National Investigation Service,
for all investigating magistrates.
Article 339
The Labour Code shall apply to matters that have not
been provided for under this Chapter.
Chapter eighteen
Administration of the judicial system bodies
Article 340
(1) In the discharge of its powers the Supreme Judicial
Council, the Inspectorate at the Supreme Judicial Council and judicial system
bodies shall be assisted by their administration.
(2) The administration of judicial system bodies shall
be the administration of the Supreme Court of Cassation, of the Supreme
Administrative Court, of the Prosecutor General, of the Supreme Prosecution
Office of Cassation, of the Supreme Administrative Prosecution Office, of the
National Investigation Service, of the courts, the prosecution offices and the
investigation services.
(3) Officers of the administration of the Supreme
Judicial Council, the Inspectorate at the Supreme Judicial Council or judicial
system bodies shall be clerks of court.
Article 341
(1) The Supreme Judicial Council shall issue a
classifier of the positions in the administration, specifying their names, the
minimum education degree and other requirements to the respective position, the
remuneration for a given position, the rank for a given position and the
remuneration for a given rank.
(2) The number of clerks of court for each judicial
system body shall be set by the respective administrative head in coordination
with the Supreme Judicial Council.
Article 342
(1) The Supreme Judicial Council, in coordination with
the Minister of Justice, shall adopt Regulations for the administration of
judicial system bodies.
(2) The Regulations shall specify the units of the
administration, their functional characteristics, the work organisation in the
administration of judicial system bodies, the plan of positions, the types of
job descriptions for the clerks of court, the competition procedure for clerks
of court and their appointing bodies.
(3) Regulations shall be published in the State
Gazette.
Article 343
(1) A clerk of court whose business is associated with
the discharge of the powers of bodies under Article 340, Paragraph 1, shall be
appointed after competition.
(2) When a clerk of court is appointed to another
position at the Supreme Judicial Council, the Inspectorate at the Supreme
Judicial Council or at the same judicial system body, as well as in the event
of transfer, no competition shall take place.
Article 344
The appointing body shall be held to provide the clerk
of court with the conditions required for the discharge of his official duties,
as well as for improvement of his qualifications or for prequalification.
Article 345
(1) A clerk of court shall be held to discharge his
duties in good faith and with precision, in accordance with his job
description.
(2) Additional duties may be assigned to a clerk of
court temporarily - up to 45 days in a year, in the event of service need.
(3) In the event of service need, a clerk of court
shall also be held to discharge his official duties outside normal business
hours.
(4) For discharging his official duties on days off and
during holidays at the personal order of the respective head, a clerk of court
shall receive additional remuneration at the amount specified by the Supreme
Judicial Council.
Article 346
A clerk of court shall be held to keep as official
secret the information of which he has gained knowledge as part of his office
and which affects the interests of citizens, moral persons and the state.
Article 347
While discharging his official duties and in public, a
clerk of court should adopt a conduct that is not detrimental to the prestige
of the Judiciary.
Article 348
A clerk of court shall be entitled to a basic monthly
remuneration specified for the position held at the amount of 80 percent of the
remuneration of a court administrator.
Article 349
(1) Rank shall be the expression of the level of
professional qualifications of a clerk of court.
(2) Ranks for the clerks of court shall be from five to
one, in the ascending order. Upon initial appointment to judicial system bodies
a clerk of court shall be attributed the minimum rank for the respective
position, as specified in the classifier under Article 341.
(3) The terms and procedure for the attribution of
ranks and for promotion in rank shall be specified in Regulations under Article
342, Paragraph 1.
Article 350
The Supreme Judicial Council shall specify the amount
of annual leave for clerks of court and the amount of additional paid annual
leave for work outside normal business hours and for the discharge of additional
duties by a clerk of court.
Article 351
(1) Mandatory social security and health insurance of
clerks of court shall be provided at the expense of the Judiciary budget.
(2) A clerk of court shall be mandatorily insured
against accident at the expense of the Judiciary budget.
Article 352
Every year clerks of court shall be paid an amount for
clothing equalling two average monthly salaries of budget-funded employees.
Article 353
In the discharge of his official duties a clerk of
court shall identify himself using an office card.
Article 354
A clerk of court having obtained entitlement to a
retirement pension for length of social security service record and old age,
upon relief from office shall have the right to a one-off pecuniary
compensation equalling the number of gross monthly remunerations for each year
in service with the judicial system bodies, but not more than 10 gross monthly
remunerations.
Article 355
(1) The administration of the Supreme Judicial Council
shall be headed by a Secretary General.
(2) An individual meeting the requirements of Article
164, Paragraph 2 may be appointed as Secretary General of the Supreme Judicial
Council.
(3) A Secretary General shall be appointed by
resolution of the Supreme Judicial Council after competition.
(4) While in office, the Secretary General of the
Supreme Judicial Council may not be a member of a political party or coalition,
an organisation with a political goal, as well as exercise any political
activity.
(5) The Secretary General shall:
1. Appoint and relieve from office the officers in the
administration of the Supreme Judicial Council,
2. Manage human resources in the administration of the
Supreme Judicial Council,
3. Provide methodological guidance to and control court
administrators.
(6) The Secretary General shall receive basic monthly
remuneration at the amount of 80 percent of that paid to a judge at the Supreme
Court of Cassation.
(7) Time in service as Secretary General of the Supreme
Judicial Council shall count as service record under Article 164, Paragraphs 1
- 5.
(8) The units in the administration of the Supreme
Judicial Council, the functional characteristics, position plans, the types of
job descriptions of the clerks and the work organisation of the administration
shall be set out in the Regulations under Article 30, Paragraph 4.
Article 356
(1) The administration of the Inspectorate at the
Supreme Judicial Council shall be headed by a Secretary General.
(2) An individual meeting the requirements of Article
164, Paragraph 2 may be appointed as Secretary General.
(3) The Secretary General shall be appointed at the
order of the Inspector General after competition.
(4) While in office, the Secretary General of the
Inspectorate at the Supreme Judicial Council may not be a member of a political
party or coalition, an organisation with a political goal or carry out any
political activity.
(5) The Secretary General shall:
1. Appoint and relieve from office the officers in the
administration of the Inspectorate at the Supreme Judicial Council,
2. Manage human resources in the administration of the
Inspectorate at the Supreme Judicial Council.
(6) The Secretary General shall receive basic
remuneration at the amount of 80 percent of the remuneration of a judge at the
Supreme Court of Cassation.
(7) Time in service as Secretary General of the
Inspectorate at the Supreme Judicial Council shall count as service record
under Article 164, Paragraphs 1 - 5.
(8) The units in the administration of the Inspectorate
at the Supreme Judicial Council, the functional characteristics, position
plans, the types of job descriptions of the clerks and the work organisation of
the administration shall be set out in the Regulations under Article 55,
Paragraph 4.
Article 357
(1) The administrations of the Supreme Court of
Cassation, the Supreme Administrative Court, of the Prosecutor General and of
the National Investigation Service shall be headed by Secretaries General.
(2) The administrations of the courts and prosecution
offices shall be headed by court administrators.
(3) The appointment of a Secretary General and of a
court administrator shall take place after a competition, organised by the
Secretary General of the Supreme Judicial Council.
(4) The competition shall be conducted by a standing
commission including three members of the Supreme Judicial Council, a
representative of the administration of the Supreme Judicial Council and the
administrative head of the respective judicial system body, for which a
competition for a Secretary General or a court administrator has been
announced.
(5) While in office, the Secretary General and the
court administrator may not be members of a political party or coalition, an
organisation with a political goal and carry out political activity.
(6) Occupational requirements for the position of a
secretary general and a court administrator shall be specified in the
Regulations under Article 342, Paragraph 1.
(7) The Secretary General and the court administrator
shall:
1. Plan, organise and manage the clerks of court,
2. Be in charge of managing administrative business at
the respective court, prosecution office and investigation service,
3. Introduce programme applications for the purposes of
long-term planning, budget policy, finance, automation, equipment supplies and
public relations.
(8) The Secretary General shall receive a basic monthly
remuneration at the amount of 80 percent of the basic remuneration of a judge
at the Supreme Court of Cassation.
(9) A court administrator shall receive basic remuneration
at the amount of 80 percent of the basic remuneration of a judge at the
respective court.
Article 358
(1) The activity of judicial system bodies for the
provision of information to the public and for ensuring relations with the mass
media shall be assisted by press offices.
(2) The status, rights and duties of officers at press
offices shall be specified in the Regulations under Article 55, Paragraph 4 and
Article 342, Paragraph 1.
Article 359
The Labour Code shall apply to matters of concern to
clerks of court that have not been provided for under this Chapter.
Article 360
(1) In the presence of appropriate technical
capabilities, all acts and documents in the cases shall also be prepared on
electronic carriers.
(2) Where a pending case or file has to be annexed to
another case, materials shall be fully copied, such copies being certified by
the body before which proceedings are pending and sent to the purpose of being
annexed.
Chapter nineteen
Judiciary budget
Article 361
(1) A separate Judiciary budget shall be part of the
state budget.
(2) The Judiciary budget shall consist of the budgets
of the Supreme Judicial Council, the Inspectorate at the Supreme Judicial
Council, the judicial system bodies that are moral persons and of the National
Institute of Justice.
(3) The Judiciary budget shall include all revenues
from the operation of judicial system bodies and of the National Institute of
Justice, any subsidies from the Ministry of Finance, the expenses for the
support of judicial system bodies, with the exception of those that by virtue
hereof have been attributed to the budget of the Ministry of Justice, as well
as the transitional carryover.
Article 362
When preparing the draft Judiciary budget the Minister
of Justice shall receive opinions and proposals from the administrative heads
of judicial system bodies.
Article 363
The draft Judiciary budget shall be accompanied by
estimates for the upcoming two years.
Article 364
(1) The Council of Ministers shall table to the
National Assembly a draft State Budget of the Republic of Bulgaria Act for the
respective year together with the draft annual Judiciary budget as proposed by
the Supreme Judicial Council, with a detailed rationale.
(2) When adopting the state budget the National Assembly
shall hear a report of the Supreme Judicial Council submitted by its
representative, immediately after the report of the Council of Ministers.
(3) The National Assembly shall adopt the budget of the
Judiciary as distributed between the Supreme Judicial Council, the Inspectorate
at the Supreme Judicial Council, the judicial system bodies and the National
Institute of Justice.
Article 365
The Supreme Judicial Council shall organise the
implementation of the Judiciary budget through the Inspectorate at the Supreme
Judicial Council, the Supreme Court of Cassation, the Supreme Administrative
Court, the courts, the Prosecutor General, the National Investigation Service
and the National Institute of Justice.
Article 366
(1) The Supreme Judicial Council shall draw up an
annual report on the cash implementation of the Judiciary budget based on a
full budget classification to be mandatorily included as an integral part of
the summary report on the implementation of the state budget.
(2) The report under Paragraph 1 shall be included by
the Ministry of Finance when drawing up the report on the implementation of the
state budget.
(3) Every year, together with the report on the
implementation of the state budget, the Council of Ministers shall table to the
National Assembly the report on the implementation of the Judiciary budget
adopted by the SJC, accompanied by a detailed rationale.
Article 367
The Supreme Judicial Council shall organise the
development and ensure the functioning of a financial management and control
system inside judicial system bodies, as well as the internal audit of the
assimilation and management of budgetary resources.
Chapter twenty
Interaction between the Judiciary and the Executive
Section I
General provisions
Article 368
The Judiciary and the Executive shall interact through
the Minister of Justice and the administration of the Ministry of Justice.
Article 369
The Minister of Justice shall discharge his powers
stipulated in the Constitution through the activities herein provided for.
Article 370
(1) Interaction of judicial system bodies and the
Supreme Judicial Council with the bodies of the Executive shall be carried out
along the following lines:
1. Court business,
2. Developing draft primary and secondary legal
instruments of concern to the judicial system and the activities falling in the
competence of the Minister of Justice,
3. Professional qualifications,
4. Information technologies,
5. Combating crime and criminological research,
6. Managing the property of the Judiciary,
7. Business associated with the preparation of the
draft Judiciary budget,
8. Security and protection,
9. Business associated with the state and private
enforcement agents, the notaries public, the recordation judges and the
receivers in bankruptcy,
10. International cooperation.
(2) The functions and work organisation of the
respective structural units of the Ministry of Justice shall be specified
herein and in the Organic Regulations of the Ministry of Justice.
Article 371
Every year the Minister of Justice shall table to the
National Assembly a report on the status, structure and dynamics of crime, on
its causes and the underlying conditions, as well as on the measures taken
there against.
Section II
Inspectorate with the Minister of Justice
Article 372
(1) There shall be an Inspectorate with the Minister of
Justice that shall:
1. Store and summarise information received from
judicial system bodies about the institution, progress and disposal of court,
prosecutorial and investigating magisterial cases, of enforcement and
recordation cases,
2. Assist the Minister of Justice in the discharge of
his powers to draw up proposals for the adoption of interpretative judgements
or of interpretative decrees, as well as to draw up opinions on the proposals
made for the adoption of interpretative judgements or of interpretative
decrees,
3. Inspect the institution, progress and disposal of:
enforcement cases of the state enforcement agents, of the private enforcement
agents, of recordation cases and summarise and analyse the practice in these
cases,
4. Inspect the business of private enforcement agents,
5. Exercise control on a day-to-day basis, ensuring the
right organisation and conduct of internships for obtaining legal competency
and take part in the examination for obtaining legal competency,
6. Carry out other inspections assigned by the Minister
of Justice.
(2) Inspections under Paragraph 1 shall be carried out
on the basis of a plan endorsed by the Minister of Justice.
(3) The Inspectorate with the Minister of Justice shall
also inspect and analyse the business of the notaries public, acting together
with inspector notaries public.
Article 373
Officials shall be held to provide assistance to
inspectors of the Inspectorate with the Minister of Justice in the
implementation of their functions and to allow them access of the materials,
subject to the requirements of the Classified Information Protection Act and
the Personal Data Protection Act.
Article 374
(1) The Inspectorate with the Minister of Justice shall
consist of inspectors headed by an Inspector General.
(2) The Inspector General and the inspectors shall be
appointed by the Minister of Justice. The Inspector General shall be appointed
for a term of 5 years and the inspectors - for a term of 4 years without
limitation on further reappointment.
(3) An individual with at least 12 years of legal
service record may be appointed as inspector general and with at least 8 years
of legal service record - as inspector.
(4) The remuneration of the inspector general shall
equal that of a judge at an appellate court and that of inspectors - to the
remuneration of a judge at a district court.
(5) The initial appointment of an Inspector General or
of an inspector shall take place at the outcome of a competition under the
Labour Code and reappointments - following a performance appraisal.
Article 375
(1) Upon relief from the office of Inspector General or
of inspector, an individual shall be reinstated to the position held prior to
such appointment, provided he has worked in judicial system bodies.
(2) To the purpose of reinstatement under Paragraph 1,
an individual shall file, within 14 days of his relief from office, a request
with the Supreme Judicial Council or with the Minister of Justice, as regards
state enforcement agents or recordation judges.
(3) Time in service as Inspector General or inspector
at the Inspectorate with the Minister of Justice shall count as service record
under Article 164, Paragraphs 1 - 5.
Article 376
The Labour Code shall apply, with reference to any
matters that have not been provided for in this section, to the inspectors of
the Inspectorate with the Minister of Justice.
Section III
Court statistics. Information systems
Article 377
In accordance with the Statistics Act, the Minister of
Justice, the chairperson of the Supreme Court of Cassation, the chairperson of
the Supreme Administrative Court, the Prosecutor General and the Director of
the National Investigation Service shall provide the National Institute of
Statistics with statistical data for publication.
Article 378
(1) The integrated information system for combating
crime (IISCC) shall be a combination of automated information systems and shall
consist of a central component (core) connected to the systems of the Judiciary
and of the Executive, processing information about events and items in the
criminal process and the enforcement of sentences and, taken as a whole, shall
provide integrated information support in combating crime.
(2) Judicial system bodies, the Ministry of Interior,
the Ministry of Defence and the Ministry of Justice, subject to the
requirements of Paragraph 3, shall set up, maintain, use and develop internal
information systems that shall be part of the IISCC and be specified in an
Ordinance of the Council of Ministers.
(3) The integrated information system for combating
crime shall ensure:
1. The presence of standards for information
compatibility and the exchange of data within IISCC and between the automated
information systems and technologies connected to the IISCC,
2. Regulated uniform use of the information about
combating crime and the enforcement of sentences,
3. Monitoring of the status and trends of crime, the
course of the criminal process and the enforcement of sentences taken as a
whole.
Article 379
(1) The Ministry of Justice shall set up, maintain, use
and develop the IISCC core.
(2) The Ministry of Justice shall set up and develop
communication components that will connect the IISCC core to the internal
systems. The communication components shall be operated and maintained by the
agencies whose automated information systems are connected to the IISCC core.
(3) The institutions whose automated information
systems are connected to the IISCC core shall be held to provide the information
required for the operation of the IISCC.
Article 380
The design, development and implementation of automated
information systems in law enforcement and jurisdictional bodies shall ensure
their interoperability and the compatibility to the IISCC standards.
Article 381
(1) The budget of the Minister of Justice shall provide
the funds for setting up, maintaining, operating and developing the IISCC core
and for communication of the associated systems with the central components.
(2) The bodies under Article 378, Paragraph 2 shall
provide funding from their budgets for setting up, maintaining, using and
developing the IISCC internal components.
Article 382
(1) The Minister of Justice, together with the National
Institute of Statistics, shall develop and maintain:
1. Nomenclatures and classifications ensuring the
terminological, item and nomenclature compatibility of internal databases
coming into the scope of the IISCC,
2. Methodology for the statistical processing of
criminal process and enforcement of sentences data.
(2) Bodies under Article 378, Paragraph 2 shall make
available their internal nomenclatures and classifications required for the
operation of the IISCC.
(3) The National Institute of Statistics shall carry
out statistical processing of data on sentenced crime at the level of the
national IISCC database. The statistical information obtained shall be made
available in accordance with the Statistics Act procedure.
Article 383
(1) Methodological guidance with regard to the IISCC
shall be provided by an interagency board.
(2) The interagency board shall include representatives
of the Chairperson of the Supreme Court of Cassation, of the Chairperson of the
Supreme Administrative Court, the Prosecutor General, the Director of the
National Investigation Service, the Minister of Interior, the Minister of
Defence, the Minister of Justice, the Minister of Finance and of the
Chairperson of the National Institute of Statistics.
(3) The chairperson of the interagency board shall be
the Minister of Justice.
(4) The business organisation of the interagency board,
as well as the procedure and manner of interaction of judicial system bodies
and ministries, ensuring the operation of the IISCC, shall be set out in the
Ordinance under Article 378, Paragraph 2.
(5) The implementation of resolutions of the
interagency board shall be ensured by:
1. The heads of institutions represented on the board,
2. The Minister of Justice - in respect to the courts
not represented on the board.
Article 384
(1) The following shall have access of the data
contained in the IISCC:
1. Officials who exercise powers in the criminal
process and in the enforcement of sentences by virtue of a law,
2. Individuals having the right of access through their
belonging to judicial system bodies and to the ministries under Article 378,
Paragraph 2,
3. Individuals designated in a resolution of the
interagency board.
(2) Access of data contained in the IISCC shall be
provided to individuals outside those under Paragraph 1 with written consent of
the individual whose data are entered on the national IISCC database.
(3) A public access contour may be opened to the IISCC
core to contain data specified by law.
Article 385
(1) Information support for the activities of the
Judiciary shall be based on the use of automated information systems approved
by the Supreme Judicial Council and the Ministry of Justice.
(2) The setting up, implementation and development of
Paragraph 1 systems shall be coordinated by the Minister of Justice and shall be
based on:
1. Interagency technological, information and
communication standards and methodologies,
2. Information security and exchange rules.
(3) The Ministry of Justice shall carry out the
operation of the central system components of the courts.
(4) Paragraph 2 and 3 operations shall take place with
the assistance of the Ministry of Finance, the Ministry of Regional Development
and Public Works, the National Institute of Statistics and the Bulgarian
Institute of Standardisation.
(5) In coordination with the Supreme Judicial Council
the Minister of Justice shall issue an Ordinance on the procedure for setting
up, implementing, using and developing the automated information systems inside
the Judiciary.
Article 386
(1) In coordination with the Supreme Judicial Council
and the interagency board the Minister of Justice shall issue an Ordinance on
the procedure for maintaining and disseminating the standards under Article
378, Paragraph 3, item 1 and under Article 385, Paragraph 2, item 1.
(2) The standards under Article 385, Paragraph 2, item
1 shall be coordinated with the standards under Article 378, Paragraph 3, item
1.
(3) The setting up and maintenance of standards shall
be assisted by the National Institute of Statistics and the Bulgarian Institute
of Standardisation.
(4) Standards shall be disseminated by the Ministry of
Justice.
Section IV
Judiciary property management
Article 387
The Minister of Justice shall organise Judiciary
property management in respect to real estate and movable property items.
Article 388
(1) The Minister of Justice shall distribute the use of
real estates attributed to the Judiciary among its separate bodies and may
entrust with their exploitation the administrative heads of these bodies.
(2) Funds for construction and complete refurbishment
of real estates, as well as funds for property entailed obligations, i.e.
taxes, fees, rent, shall be covered from the budget of the Ministry of Justice.
Article 389
The intended use of real estates attributed for the
needs of the Judiciary may not change.
Article 390
(1) The Minister of Justice shall entrust the overall
management and exploitation of movable property items with the administrative
heads of judicial system bodies.
(2) Funds for Paragraph 1 business shall be provided
from the budget of judicial system bodies.
(3) Subject to consent of administrative heads, the
Minister of Justice may provide the management of movable property items of one
judicial system body to another.
Section V
Security and protection
Article 391
(1) The Ministry of Justice shall provide security and
protection through the Security Directorate General.
(2) The Security Directorate General shall:
1. Organise and provide for the security of court
buildings;
2. Keep order inside court buildings and ensure the
security of judicial system bodies in the discharge of their powers;
3. Organise and provide for the protection of judges,
prosecutors, investigating magistrates and protected individuals subject to the
terms and procedure set out in a law;
4. Assist judicial system bodies in summonsing persons
and in the enforcement of acts;
5. Bring individuals by coercion when this has been
ruled by a judicial system body;
6. Convoy the accused parties and defendants before
court in respect of whom a measure of remand in custody has been requested or
ruled, of those serving a sentence in prison to the judicial system bodies,
outside the cases falling under the Ministry of Interior Act;
7. Execute the personal order of a prosecutor for the
enforcement of effective sentences;
8. Inspect and control the observation of rules and
standards of security and safety in the design, construction and exploitation
of Judiciary buildings;
9. Coordinate projects and give opinions on the putting
in operation of Judiciary buildings with reference to security and safety;
10. For the needs of its business, set up and maintain
information bases where information obtained during or on the occasion of the
discharge of its functions is collected, processed, stored and used;
11. Obtain information related to the implementation of
its functions from the Ministry of Interior.
(3) The rules and standards of safety and security in
the design, construction, reconstruction, upgrade and exploitation of Judiciary
sites shall be specified in an Ordinance of the Minister of Justice coordinated
with the Minister of Regional Development and Public Works.
(4) The type of information under Paragraph 2, item 11
and the procedure for its provision shall be specified in an Ordinance, issued
together by the Minister of Justice and the Minister of Interior.
Article 392
In the discharge of their powers, the officers at the
Security Directorate General shall be held to respect the dignity of citizens,
their rights and legal interests.
Article 393
(1) In the discharge of its powers under Article 391,
Paragraph 2 the staff of the Security Directorate General shall have the rights
and duties under Articles 56, 57, 61, 63 - 67, 72, 73, and 74, Paragraphs 1 and
2 of the Ministry of Interior Act.
(2) The provisions of Article 20 - 20e of the
Implementation of Penal Sanctions Act shall apply to the staff of the Security
Directorate General.
Article 394
Citizens and officials shall be held to provide
assistance to the officers of the Security Directorate General in the discharge
of their duties, providing them, among others, with information and documents,
subject to keeping state, official and commercial, as well as personal
information secrecy.
Chapter twenty-one
Expert witnesses
Article 395
(1) An expert witness shall carry out expert
assessments.
(2) All state bodies, moral persons and citizens having
materials required for an expert assessment shall be held to provide access
thereof to the expert witness concerned in accordance with the level of access
to classified information of the expert witness, as well as to provide the
assistance required for the attainment of the expert assessment objectives.
Article 396
(1) An expert witness shall be appointed by the body
which has assigned an expert assessment, based on the principle of random
selection on the respective list of specialists approved to serve as expert
witnesses.
(2) Where needed, a specialist who is not on the
respective list, may also be appointed as expert witness.
(3) In the event of complex or large-scale research,
the body concerned may appoint more than one expert witness.
(4) In the discharge of its functions, the expert
witness shall be identified by a certificate issued by the body which has
assigned the expert assessment.
Article 397
No expert witness who is interested in the outcome of
the proceedings or has relations with any of the parties to a case that give
rise to justified doubts in his impartiality may be appointed to carry out an
expert assessment.
Article 398
(1) Lists of specialists approved to become expert
witnesses shall be drawn up in the judicial area of each district and
administrative court.
(2) The Supreme Court of Cassation, the Supreme
Administrative Court, the Supreme Prosecution Office of Cassation, the Supreme
Administrative Prosecution Office and the National Investigation Service shall
approve separate lists for the needs of their business, if so required.
(3) Where the needs of a particular judicial system
body so require, it may appoint an expert witness on a list in another judicial
area.
(4) The Paragraph 1 and 2 lists shall be public.
Article 399
(1) Ministries, agencies, establishments,
municipalities, professional and other organisations and scientific institutes
shall make proposals for the inclusion of specialists on the lists of expert
witnesses.
(2) Specialists themselves can also make proposals for
the inclusion on the lists of expert witnesses.
(3) Proposals for inclusion on the lists under Article
398, Paragraph 1 shall be made to the chairperson of the respective district or
administrative court.
(4) Proposals for inclusion on the lists under Article
398, Paragraph 2 shall be made to each administrative head of the judicial
system body concerned.
Article 400
(1) The proposals shall set out in writing the full
name of the specialist, his home address, contact phone and data about his
education, work place, position held, length of service record, his record as
expert witness and his additional qualifications.
(2) Circumstances under Paragraph 1 shall be verified
on the basis of appropriate documentation attached to the proposal.
Article 401
(1) Lists under Article 398, Paragraph 1 shall be
endorsed by a commission composed of the chairperson of the appellate court or
a judge thereby designated, the appellate prosecutor or a prosecutor thereby
designated, the chairperson of the district court, the district prosecutor, the
chairperson of the administrative court and the director of the district
investigation service.
(2) Lists under Article 398, Paragraph 2 shall be
endorsed by a commission composed of the Chairperson of the Supreme Court of
Cassation, the Chairperson of the Supreme Administrative Court, the Prosecutor
General and the Director of the National Investigation Service.
(3) The endorsed lists shall be sent to the Minister of
Justice for publication in the State Gazette and on the Internet.
Article 402
(1) Proposals for modifications and additions to the
endorsed lists of expert witnesses shall be made until the end of September of
the respective calendar year.
(2) By the end of October commissions under Article
401, Paragraphs 1 and 2 shall update the lists,
(3) By 15 November the lists shall be sent to the
Minister of Justice for publication in the State Gazette and on the Internet.
(4) The lists may also be modified in the course of the
current year.
Article 403
(1) The Supreme Judicial Council shall adopt an
Ordinance concerning:
1. The procedure and terms for making proposals for
inclusion and for modification of the lists of specialists approved to serve as
expert witnesses,
2. The conditions that the specialists approved as
expert witnesses must fulfil,
3. The terms and procedure for calculating the
remuneration of expert witnesses.
(2) This Ordinance shall be published in the State
Gazette.
Chapter twenty-two
Penal administrative provisions
Article 404
(1) The head of a state or municipal administration, of
an organisation or an employer who does not allow official leave from work to
an individual summonsed to appear as a court assessor or who obstructs his
appearance at court proceedings shall be sanctioned by a fine of BGN 300 to
600.
(2) The fine shall be imposed by the chairperson of the
court and may be repealed in pursuance of the Civil Procedure Code.
Article 405
(1) Anyone failing to execute the personal order of a
judge, prosecutor, investigating magistrate, state enforcement agent or
recordation judge issued in accordance with the procedure established
hereunder, shall be sanctioned by a fine of BGN 50 to 2,000, unless subject to
a more severe sanction.
(2) A fine shall be imposed by personal order or decree
after the individual has been given the opportunity to provide explanations in
relation to the offence.
(3) The judge, prosecutor, investigating magistrate,
state enforcement agent or recordation judge who has imposed the sanction may
repeal or reduce the fine following appeal by the sanctioned individual filed
within 7 days of notification.
(4) The decision or decree with regard to the appeal
shall not be subject to appeal.
Article 406
Anyone failing to execute a personal order of an
officer with the Security Directorate General of the Ministry of Justice issued
in implementation of the latter's functions shall be sanctioned by a fine of
BGN 50 to 2,000.
Article 407
The heads of state bodies and of moral persons, as well
as the citizens, who have guiltily failed to fulfil their obligations under
Article 394 shall be sanctioned by a fine of BGN 200 to 3,000.
Article 408
(1) The act establishing the presence of a violation
under Article 406 or 407 shall be drawn up by an officer of the Security
Directorate General.
(2) The penal decree shall be issued by the Minister of
Justice or an official thereby authorised.
(3) The establishment of the presence of violations,
the issuance, appeal from and enforcement of penal decrees shall occur in
pursuance of the procedure under the Administrative Violations and Sanctions
Act.
Article 409
Revenues from fines imposed by penal decrees hereunder
shall enter the Judiciary budget.
TRANSITIONAL AND FINAL PROVISIONS
§ 1. The Judicial
System Act (Promulgated, SG, No. 59/1994, No. 78/1994 - Judgement No. 8/1994 of
the Constitutional court, SG No. 87/1994 - Judgement No. 9/1994 of the
Constitutional court, SG No. No. 93/1995 - Judgement No. 17/1995 of the
Constitutional court; amended, No. 64/1996, No. 96/1996 - Judgement No. 19/1996
of the Constitutional court from; amended, No. 104 and 110/1996, No. 58, 122
and 124/1997, No. 11 and 133/1998, No. 6/1999 - Judgement No. 1/1999 of the
Constitutional court; amended, No. 34, 38 and 84/2000, No. 25/2001, No.
74/2002, No. 110/2002 - Judgement No. 11/2002 of the Constitutional court, No.
118/2002 - Judgement No. 13/2002 of the Constitutional court; amended, No. 61
and 112/2003, No. 29, 36 and 70/2004, No. 93/2004 - Judgement No. 4/2004 of the
Constitutional court, No. 37/2005 - Judgement No. 4/2005 of the Constitutional
court; amended, No. 43 and 86/2005, No. 17/2006, No. 23/2006 - Judgement No.
1/2006 of the Constitutional court, No. 30 and 39/2006) shall be repealed.
§ 2. (1) The assemblies
under Article 21 and the assembly under Article 23, Paragraph 3 shall be held
no later than 5 September 2007.
(2) The assemblies under Article 21 or the assembly
under Article 23, Paragraph 3, which have not taken place within the term under
Paragraph 1, shall be convoked by the Minister of Justice and shall be held no
later than 15 September 2007.
§ 3. (1) The assemblies
under Article 23, Paragraphs 1 and 2 shall be held no later than 21 September
2007.
(2) The assemblies that have not taken place within the
term under Paragraph 1, shall be convoked by the Minister of Justice and shall
be held no later than 28 September 2007.
§ 4. The National
Assembly shall elect the Supreme Judicial Council members from its quota no
later than 28 September 2007.
§ 5. (1) The newly
elected Supreme Judicial Council shall be deemed constituted once members who
form two-thirds of its composition, including those ex lege, have been elected.
(2) The business of the hitherto Supreme Judicial
Council shall terminate upon the constitution of the newly elected Supreme
Judicial Council in pursuance of the procedure hereunder.
§ 6. Pending
proceedings before the Supreme Administrative Court on appeals from resolutions
of the Supreme Judicial Council shall be completed in accordance with the
hitherto procedure.
§ 7. (1) Nominations
for Inspector General and for inspectors of the Inspectorate at the Supreme
Judicial Council shall be made until 15 October 2007.
(2) The Inspector General and inspectors shall enter
office within one month of their election.
(3) The Inspector General and the inspectors shall
vacate the positions held by them and cease any business under Article 18 prior
to entering office, notifying thereof the Speaker of the National Assembly.
§ 8. Any judges in
district courts, prosecutors in district prosecution offices, judges in
administrative courts, judges in appellate courts and prosecutors in appellate
prosecution offices, falling short of the requirements under Article 164,
Paragraphs 2, 3 and 4, shall keep the positions they hold.
§ 9. Within three
months of the entry into force hereof, the Council of Ministers shall provide
work premises for the business of the Inspectorate at the Supreme Judicial
Council.
§ 10. Chairpersons of
division at the Supreme Court of Cassation and at the Supreme Administrative
Court, heads of department at the Supreme Prosecution Office of Cassation and
at the Supreme Administrative Prosecution Office, as well as heads of
department at the National Investigation Service, shall keep the amount of
remuneration they have received until the entry into force hereof.
§ 11. (1) Years in
service as arbitrator under the repealed State Arbitration Act shall also count
as service record in the capacity of judge under Article 164, Paragraphs 1 - 5.
(2) Years in service of any judges found in
international courts set up on the basis of an international treaty to which
the Republic of Bulgaria is a party or within the framework of an international
organisation of which the Republic of Bulgaria is a member that have been
designated by the Republic of Bulgaria shall also count as service record in
the capacity of judge under Article 164, Paragraphs 1 - 5.
§ 12. Competitions for
judges, prosecutors, investigating magistrates, state enforcement agents and
recordation judges scheduled before the entry into force hereof shall take
place in accordance with the hitherto procedure.
§ 13. The additional
remuneration for extended work of the judges, prosecutors and investigating
magistrates which before the entry into force hereof has exceeded 40 percent,
shall be kept at the amount set and may not be increased.
§ 14. The provisions of
the Republic of Bulgaria Defence and Armed Forces Act shall apply to military
judges, military prosecutors and military investigating magistrates, the years
in service in the system of the Ministry of Interior counting as permanent
military service.
§ 15. Pending
disciplinary proceedings as of the entry into force hereof shall be examined in
accordance with the hitherto procedure and shall be completed before 31
December 2007. The expiry of this term shall not constitute grounds for
liability ceasing to exist.
§ 16. The three-year
period for entry in office shall apply to any found junior judges, junior
prosecutors and junior investigating magistrates.
§ 17. (1) The term
under Article 374, Paragraph 2 shall start running for the court inspectors
found from the date of their last appointment.
(2) Until election of an Inspector General and of
inspectors of the Inspectorate at the Supreme Judicial Council, the
Inspectorate with the Minister of Justice shall continue exercising its powers
under Article 35b, Paragraph 1, items 1 and 2 of the repealed Judicial System
Act.
§ 18. Service record as
judicial candidate or trainee lawyer shall also count as labour service record,
provided that service is done after the higher education state examinations in
the specialty area of law.
§ 19. Chapter sixteen
of the Administrative Procedure Code (SG, No. 30 from 2006), with Article 258 -
266, shall be repealed.
§ 20. In the Criminal
Code (published, SG, No. 26/1968; corrected, No. 29/1968; amended, No. 92/1969,
No. 26 and 27/1973, No. 89/1974, No. 95/1975, No. 3/1977, No. 54/1978, No.
89/1979, No. 28/1982; corrected, No. 31/1982; amended, No. 44/1984, No. 41 and
79/1985; corrected, No. 80/1985; amended, No. 89/1986; corrected, No. 90/1986;
amended, No. 37, 91 and 99/1989, No. 10, 31 and 81/1990, No. 1 and 86/1991;
corrected, No. 90/1991; amended, No. 105/1991, No. 54/1992, No. 10/1993, No.
50/1995, No. 97/1995 - Judgement No. 19/1995 of the Constitutional court;
amended, No. 102/1995, No. 107/1996, No. 62 and 85/1997, No. 120/1997 -
Judgement No. 19/1997 of the Constitutional court; amended, No. 83, 85, 132,
133 and 153/1998, No. 7, 51 and 81/1999, No. 21 and 51/2000, No. 98/2000 -
Judgement No. 14/2000 of the Constitutional court; amended, No. 41 and
101/2001, No. 45 and 92/2002, No. 26 and 103/2004, No. 24, 43, 76, 86 and 88/2005,
No. 59, 75 and 102/2006, No. 38 and 57/2007) the words "assistant
enforcement agent" shall everywhere be replaced by "assistant private
enforcement agent".
§ 21. In the Social
Insurance Code (published, SG, No. 110/1999, No. 55/2000 - Judgement No. 5/2000
of the Constitutional court of the Republic of Bulgaria; amended, No. 64/2000,
No. 1, 35 and 41/2001, No. 1, 10, 45, 74, 112, 119 and 120/2002 , No. 8, 42,
67, 95, 112 and 114/2003, No. 12, 38, 52, 53, 69, 70, 112 and 115/2004, No. 38,
39, 76, 102, 103, 104 and 105/2005, No. 17, 30, 34, 56, 57, 59, 68, 82, 95, 102
and 105/2006, No. 41 and 52/2007) the following amendments shall be made:
1. In Article 54b, Paragraph 3 the words "Article
131, Paragraph 1, items 2, 3 and 6 and Article 152, Paragraph 1, items 2, 3 and
4" shall be replaced by "Article 165, Paragraph 1, items 2, 3 and 5
and Article 271, items 2, 3 and 5".
2. In Article 54f, Paragraph 1 the words "Article
139e" shall be replaced by "Article 226".
3. In Article 69, Paragraph 2 the words "Article
36e" shall be replaced by "Article 391".
4. In Article 230, Paragraph 3, item 3, littera
"b" the words "bailiffs" shall be replaced by "state
enforcement agents".
5. In Article 262, Paragraph 1, item 3 the words
"bailiffs" shall be replaced by "state enforcement agents".
6. In Article 282, Paragraph 1, item 3, littera
"b" the words "bailiffs" shall be replaced by "state
enforcement agents".
7. In Article 287, Paragraph 2 the words "Article
131, Paragraph 1, items 2, 3 and 6 and Article 152, Paragraph 1, items 2, 3 and
4" shall be replaced by "Article 165, Paragraph 1, items 2, 3 and 5
and Article 271, items 2, 3 and 5".
§ 22. In the Public
Financial Inspection Act (published, SG, No. 33/2006; amended, No. 59/2006) in
Article 5, item 5 the words "Article 119" shall be replaced by
"Article 145".
§ 23. In the Civil
Servants Act (published, SG, No. 67/1999; amended, No. 1/2000, No. 25, 99 and
110/2001, No. 45/2002, No. 95/2003, No. 70/2004, No. 19/2005, No. 24, 30 and
102/2006, No. 59/2007) in § 2, Paragraph 3 from the transitional and final
provisions the words "Article 127, Paragraphs 1 - 4" shall be
replaced by "Article 164, Paragraph 1 - 5".
§ 24. In the Consumer
Protection Act (published, SG, No. 99/2005; amended, No. 30, 51, 53, 59, 105
and 108/2006, No. 31, 41 and 59/2007) in Article 226, Paragraph 2 the words
"Article 201" shall be replaced by "Article 405".
§ 25. In the Ministry
of Interior Act (published, SG, No. 17/2006; amended, No. 30, 102 and 105/2006,
No. 11, 31, 41, 46 and 57/2007) the following amendments and supplements shall
be made:
1. In Article 212, Paragraph 1, item 10 the words
"Article 163" shall be replaced by "Article 294".
2. In Article 219, Paragraph 2 the word
"regional" shall be deleted, and the words "Article 118а,
Paragraph 3" shall be replaced by "Article 144, Paragraph 3".
3. In Article 220 the word "regional" shall
be deleted and in the end "under Article 144, Paragraph 3 from the
Judiciary System Act" shall be added.
§ 26. In the Notaries
and Notarial Practice Act (Published, SG, No. 104/1996; amended, No. 117, 118
and 123/1997, No. 24/1998, No. 69/1999, No. 18/2003, No. 29 and 36/2004, No. 19
and 43/2005, No. 30, 39 and 41/2006, No. 59/2007) the following amendments and
supplements shall be made:
1. In Article 8, Paragraph 2 the words "assistant
enforcement agents" shall be replaced by "assistant private
enforcement agent".
2. In Article 80b, Paragraph 1 a second sentence shall
be inserted: "The Minister of Justice shall assign joint inspections to
the inspectors of the Inspectorate with the Minister of Justice under the
Judiciary System Act and to the inspector notaries public under Article 80c,
Paragraph 4."
3. In Article 80c, Paragraph 1 shall be repealed.
§ 27. In the Income
Taxes on Natural Persons Act (published, SG, No. 95/2006; amended, No. 52/2007)
the following amendments and supplements shall be made:
1. In Article 24, Paragraph 2, item 8 the words
"Article 139d, Article 139f, Paragraph 1, items 1 and 2, Article
157а, Paragraph 3 and Article 188о" shall be replaced by
"Article 225, Article 277, Paragraph 3 and Article 354".
2. In the additional provisions, in § 1, item 26,
littera "c", after the words "the Supreme Judicial
Council", "the Inspector General and the inspectors of the
Inspectorate at the Supreme Judicial Council " shall be added.
§ 28. In the National
Audit Office Act (published, SG, No. 109/2001; amended, No. 45/2002, No.
31/2003, No. 38/2004, No. 34 and 105/2005, No. 24, 27, 33 and 37/2006) in
Article 27, Paragraph 4 the words "Article 127, Paragraph 1 - 4"
shall be replaced by "Article 164, Paragraphs 1 - 5".
§ 29. In the Private
Enforcement Agents Act (published, SG, No. 43/2005; amended, No. 39/2006, No.
31 and 59/2007) the following amendments and supplements shall be made:
1. In Article 75, Paragraph 1, item 1 shall be amended
as follows:
"1. Inspectors of the Inspectorate with the
Minister of Justice under the Judiciary System Act;".
2. The words "assistant enforcement agent",
"assistant enforcement agents", "the assistant enforcement
agents", "the assistant enforcement agent" and "an
assistant enforcement agent" shall everywhere be correspondingly replaced
by "assistant private enforcement agent", "assistant private
enforcement agents", "the assistant private enforcement agents",
"the assistant private enforcement agent " and "an assistant
private enforcement agent".
§ 30. (1) Secondary
legal instruments issued for the application and on the basis of the repealed
Judicial System Act shall apply until the issuance of the corresponding new
secondary legal instruments, insofar as they do not stand in contradiction
herewith.
(2) Secondary legal instruments for the application
hereof shall be adopted or issued until 31 December 2007.
(3) The Inspectorate at the Supreme Judicial Council
shall adopt the Regulations under Article 55, Paragraph 4 within one moth of
the election of the Inspectorate General and of inspectors.
(4) Within up to three months of the entry into force
hereof, the Council of Ministers shall adopt the Ordinance under Article 378,
Paragraph 2.
(5) The Minister of Justice shall issue:
1. The Ordinance under Article 385, Paragraph 5 within
up to three months of the entry into force hereof,
2. The Ordinance under Article 386, Paragraph 1 within
up to 6 months of the entry into force hereof.
This Act was adopted by the 40th National Assembly on
24 July 2007 and the official seal thereof is affixed hereunder.
