Law Amending The Law On The Responsibility Of The State And Municipalities For Damage

Original Language Title: Закон за изменение и допълнение на Закона за отговорността на държавата и общините за вреди

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Name of law a law amending the law on the responsibility of the State and municipalities for damage Bill name Bill to amend and supplement the law on the responsibility of the State and municipalities for damage date of acceptance 28/11/2012 number/year Official Gazette 98/2012 Decree No 416

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on the responsibility of the State and municipalities for damage received by HLI National Assembly on 28 November 2012.

Issued in Sofia on 7 December 2012.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Diana Kovatcheva

LAW

amending the law on the responsibility of the State and municipalities for damage (official SG. 60 of 1988; amend., no. 59 of 1993 No. 12 of 1996 No. 67 of 1999 No. 92 of 2000 No. 105 by 2005, 30 and 33/06, 43/2008 17/2009 and no. 38 by 2012.)

§ 1. In art. 1, al. 2 Finally a comma and add "as the local jurisdiction shall be determined under art. 7, para. 1. "

§ 2. In art. 2 make the following amendments and supplements: 1. Paragraph 1 shall be amended as follows: ' (1) the State is responsible for injury caused to citizens by the investigative bodies, Prosecutor's Office or court, if:

1. detention, including detention, house arrest, when they were abolished by the Court of Justice, the implementation of compulsory placement and treatment or coercive medical measures when they are withdrawn, as with all other cases of deprivation of liberty in violation of art. 5, § 1 of the Convention for the protection of human rights and fundamental freedoms, done at Rome on 4 November 1950 (ratified by law – SG. 66 of 1992) (official SG. 80 of 1992; amend., SG. 137 of 1998, Corr. 97/1999 and no. 38 by 2010), hereinafter referred to as "the Convention";

2. violations of the rights protected by art. 5, § 2-4 of the Convention;

3. the charge of committing a serious-Ly, if the person is justified, or if initiated criminal proceedings be terminated due to the fact that the Act was not committed by that person or that the Act is not a crime, or because the criminal proceedings opened after the prosecution is barred or deed is amnistirano;

4. the imposition of a penalty under the criminal code or the administrative punishment or be justified when the person adminis-trativnoto penalty be repealed;

5. application by the Court of Justice of the administrative measure, when his decision be repealed as unlawful;

6. implementation of the imposed punishment over the time limit or amount;

7. unlawful use of special intelligence means. "

2. in the Al. 3, after the words "Claims under para. 1 "insert" and 2 ".

§ 3. Art is created. 2 (b): "responsibility for the activity of the organs of the judiciary for violation of the right to examine and solve the case within a reasonable period of time

Art. 2B. (1) the State shall be responsible for any damage caused to citizens and of legal persons from violation of the right to examine and solve the case within a reasonable time pursuant to art. 6, § 1 of the Convention.

(2) the claims under para. 1 shall be examined under the civil procedure code, the Court shall take into account the total duration and subject-matter of the proceedings, his factual and legal complexity, the conduct of the parties and of their procedural or legal representatives, the conduct of the other participants in the process and of the competent authorities, as well as other facts relevant for the proper settlement of the dispute.

(3) a claim for damages in pending proceedings shall not preclude a claim and after the completion of the proceedings. "

§ 4. In art. 7 the word "domicile" shall be replaced by "this address or registered office.

§ 5. In art. 8 make the following amendments and additions:

1. In paragraph 8. 1 the words "art. 1, al. 1 and art. 2, al. 1 "shall be replaced by" art. 1, al. 1, art. 2, al. 1 and 2, art. 2 and art. 2 (b), para. 1. "

2. a new paragraph. 2:

(2) citizens and legal persons may claim under art. 2 (b), para. 1 in closed proceedings only when it has exhausted the administrative procedure for compensation for damage in accordance with chapter three of the law for the judiciary, in which there is no agreement. "

3. The current paragraph. 2 it al. 3.

§ 6. In art. 9, para. 2, after the words "under art. 2, al. 1 "insert" and 2, art. 2 and art. 2 (b), para. 1. "

§ 7. In art. 11, para. 1 the word "prior" is replaced by "pre-trial".

Transitional and final provisions

§ 8. (1) within 6 months from the entry into force of this law or of the notification by the registry of the European Court of human rights claims for compensation under art. 2 (b) may submit and persons whose complaints to the European Court of human rights have been rejected because applicants newly created national remedies and proceedings are still pending before the national authorities.

(2) within 6 months from the entry into force of this law or of the notification by the registry of the European Court of human rights the individuals whose complaints to the European Court of human rights have been rejected because applicants newly created national remedies and proceedings are completed before the national bodies may apply for compensation under the terms of chapter three of the law on the judiciary.


§ 9. The right to submit an application for compensation pursuant to chapter three of the law on the judiciary within 6 months from the entry into force of this law and have the individuals whose national pre-trial or judicial proceedings have been completed at the date of entry into force of this law and do not have expired more than six months from the issuance of the final act.

The law was adopted by 41-Otto National Assembly on 28 November 2012 and is stamped with the official seal of the National Assembly.

 President of the National Assembly Tsetska Tsacheva:

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