Name of law Law amending and supplementing the law on judiciary Bill name WALL of the Judiciary Act date of acceptance 22/12/2010 number/year Official Gazette 1/2011 Decree No 2

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 judiciary, adopted by the National Assembly of the HLI 22 December 2010.

Issued in Sofia on 3 January 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending the law on the judiciary (official SG. 64 of 2007; amend., SG. 69 and 109 of 2008 25/, 33, 42, 102 and 103 of 2009 and 59/2010)

§ 1. In art. 9, para. 2 the words "the investigating authorities" shall be replaced by ' the national investigation service ".

§ 2. In art. 17 the following amendments and supplements shall be made:

1. a new paragraph. 1:

"(1) to the members of the High Judicial Council elected lawyers with high professional and moral qualities that have at least 15 years of legal experience."

2. The current paragraph. 1 it al. 2 and after the word "elect" is added "eleven".

3. The current paragraph. 2 it al. 3 and after the word "composition" is added "eleven".

§ 3. In art. 19 the following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. Al are created. 2 and 3:

"(2) the proposals for candidates for members of the High Judicial Council, elected by the National Assembly, are being made by MPs up to one month ahead of the election. The proposals shall be published on the website of the National Assembly, along with a brief biography of the candidate.

(3) the proposals for candidates for elected members of the High Judicial Council of the judiciary shall be made up to one month ahead of the election under art. 24. proposals shall be made of the meetings referred to in art. 23, para. 1 to 3 and shall be transmitted to the Supreme Judicial Council, made public on the Web page, together with a brief curriculum vitae of the candidates. "

§ 4. Art is created. 26 (a):

"Art. 26. (1) the members of the Supreme Judicial Council shall take the necessary steps to gain access to classified information.

(2) a member of the Supreme Judicial Council, who is not authorised to access, could not participate in the meetings, when discussing materials and documents containing classified information, and are not familiar with them. "

§ 5. In art. 28 the words "title, which he held before selecting" shall be replaced by the words "judge, Prosecutor or investigator, not lower than the position before the election" and the words "art. 164, para. 1-5 "shall be replaced by" art. 164, para. 1-7 ".

§ 6. In art. 30 the following amendments and supplements: 1. Al. 1:

a) points 2 and 3 shall be read with the following adaptations:

2. determines the number, the areas and the seats of district, regional administrative courts of appeal, and at the suggestion of, or after consultation with the Minister of Justice, and the military courts – in consultation with the Secretary of Defense; the Supreme Judicial Council according to the degree of usage can create and to close the courts to change the judicial districts and registered offices of the courts;

3. determines the number of judges, prosecutors and investigators at courts, prosecutors ' offices and investigative bodies, in accordance with the degree of usage – at the suggestion of, or after consultation with the administrative heads of the organs of the judiciary, and for prosecutors and investigators, and with the Attorney General, may reveals new and to reduce vacancies; "

(b)) shall be item 3 (a):

"3A. determines the number of judicial officials in accordance with the degree of usage – at the suggestion of, or after consultation with the administrative heads of the organs of the judiciary, and of the bodies involved in the structure of the Prosecutor's Office of the Republic of Bulgaria – and with the Attorney General, may reveals new and abbreviated posts;"

c) in item 4 Finally adds "in cases envisaged by this law;

d) point 9 is replaced by the following:

"9. annually analyzes and reports the extent of usage of the organs of the judiciary;"

e) in item 10, after the word "forensics" is a comma and add "members of the Supreme Judicial Council, the inspectors at the Inspectorate to the Supreme Judicial Council", and add "and their replacements in statutory cases in accordance with the criteria determined by the Ordinance under art. 209 (a) ";

f) in 12 the words "ethics of judges, prosecutors and investigators" are replaced by "code of ethical conduct of Bulgarian magistrates ';

(g) in paragraph 18) the word "offers" is replaced by "pinning".

2. in the Al. 3 the second sentence is deleted.

§ 7. Art is created. 30A:

"Art. 30. (1) the Supreme Judicial Council shall draw up, and keep staff support case for every judge, Prosecutor and investigator.

(2) Personnel case contains documents relating to the entry and release from Office of a judge, a Prosecutor and investigator, with his professional development, the results of the checks relating to incoming signals and appeals incentives – honors or awards he has received, and the penalties imposed. Personnel shall apply in the case and the declarations of incompatibility, a copy of the atestacionnite forms and other documents for the professional and moral qualities.

(3) copies of the documents referred to in paragraph 1. 2 contained in personnel affairs, are stored in the body of the judiciary, in which the judge, Prosecutor or investigator was appointed to the post.


(4) every judge, Prosecutor and investigator has the right to meet personnel case on request, as well as to receive certified copies of documents stored in it. "

§ 8. Article 35 shall be replaced by the following:

"Art. 35. (1) a member of the Supreme Judicial Council has no right to participate in the vote on the decision, which relates to him personally or by his spouse or a relative in the direct line, collateral relatives up to the fourth degree and by marriage up to the third degree, or if there are other circumstances that give rise to doubts on its impartiality.

(2) in the cases referred to in para. 1 the Member of the Supreme Judicial Council is removed by myself, not later than 24 hours prior to the meeting, stating the circumstances that necessitated the removal. If not for good reasons is familiar with the agenda for the meeting, the Member of the Supreme Judicial Council can be removed and the meeting itself.

(3) where there is evidence of the existence of circumstances under para. 1 and the Member of the Supreme Judicial Council does not remove himself, Committee on establishment and preventing conflicts of interest of the Supreme Judicial Council shall draw up a report. When the report established circumstances under para. 1 the Member of the Supreme Judicial Council is removed by a decision of the Council, declare the circumstances necessitated the removal.

(4) where, in the agenda of the meeting of the Supreme Judicial Council have included breaking points, and if there are circumstances under para. 1, outside the cases referred to in para. 2 and 3, the Council postponed consideration of the item. "

§ 9. Article 37 shall be amended as follows:

"Art. 37. (1) the Supreme Judicial Council elects a Standing Committee on the proposals and testimonials to judges, prosecutors and investigators and the Standing Committee ' professional ethics and the prevention of corruption ", as well as other standing committees, which assist its activities.

(2) the type and size of the standing committees, as well as to their powers, with the exception of the Committee on the proposals and testimonials to judges, prosecutors and investigators and the Commission ' professional ethics and the prevention of corruption ", shall be determined by the rules of art. 30, para. 4. (3) the Commission on the proposals and testimonials to judges, prosecutors and investigators and the Committee "professional ethics and corruption prevention" shall consist of 10 members. Each Committee shall elect a Chairman from among its members.

(4) for the performance of its powers, the Commission on the proposals and testimonials to judges, prosecutors and investigators formed by its composition two subcommittees – Subcommittee of Subcommittee for judges and prosecutors and investigators. Each Subcommittee shall submit a draft of the decision to the Supreme Judicial Council.

(5) the Supreme Judicial Board may set up ad hoc committees to perform specific tasks in connection with its powers. "

§ 10. In art. 38 following amendments and supplements shall be made:

1. In paragraph 8. 1:

and in the text) before item 1 the words "making suggestions to the Supreme Judicial Council for ' shall be replaced by" offers the Supreme Judicial Council draft decision;

b) in paragraph 4, the words "decisions" shall be deleted.

2. in the Al. 2, the words "or of not less than one-fifth of the members of the Supreme Judicial Council" shall be replaced by ' and of the '.

3. in the Al. 3:

and before that) the text shall be amended as follows: 1 "Proposals by the administrative manager shall be made as follows:";

b) point 1 shall be amended as follows:

"1. the President of the Supreme Court of Cassation – for his deputies and judges of this Court;"

in) in paragraph 2, the words "as well as the Presidents of the administrative tribunals" shall be deleted;

d) in item 3 (c) shall be repealed;

e) in paragraph 4, after the words "military appellate Attorney" is added "and head of the Board of specialized public prosecutor's Office," and after the words "military appellate Prosecutor's Office" is added, and the Board of specialized prosecutor's Office ";

It is) point 5 is replaced by the following:

"5. in the military district prosecutors and the head of the specialized prosecutor's Office accordingly – for their replacements, prosecutors in the military district prosecutors ' offices and by the specialized public prosecutor's Office, the military investigators and investigators from the Prosecutor's Office in the specialized investigative departments;"

g) point 8 shall be replaced by the following:

"8. the Presidents of the courts of appeal, the Court of appeal of military and specialized criminal court of appeal – for their replacements for the judges of those courts;"

h) point 9 is replaced by the following:

"9. by Chairmen of district courts – for their replacements for the judges of those courts;"

and) a new item 12:

12. the Chairman of the specialized criminal court – for his deputies and judges of this Court; "

k) the current point 12 becomes item 13.

4. a new para. 5:

"(5) the managers the regional investigative departments and investigation departments to the specialized public prosecutor's Office may prepare proposals to the administrative heads of the district prosecutors ' offices and the administrative head of the specialized prosecutor's Office for investigators of these departments."

5. the Previous para. 5 and 6 become Al respectively. 6 and 7.

6. The current paragraph. 7 is repealed.

§ 11. Article 39 shall be replaced by the following:

"Art. 39. (1) the Attestation of judges, prosecutors and investigators, administrative heads and deputies of administrative managers is conducted by the Committee on the proposals and testimonials to judges, prosecutors and investigators of the Supreme Judicial Council and of the subsidiary bodies of the appraisal committees in the judiciary.

(2) the Committee on the proposals and testimonials to judges, prosecutors and investigators conducted:

1. performance appraisal for acquisition status of tenure of judges, prosecutors and investigators;


2. periodic performance appraisal of the deputies of the administrative heads and of the judges of the Supreme Court of Cassation and the Supreme Administrative Court, the deputies of the Prosecutor General and the prosecutors of the Supreme Cassation Prosecutor's Office and the Supreme Administrative Prosecutor's Office, of the Director and the investigators of the national investigation service;

3. periodic appraisal of the administrative heads of district, regional and administrative courts of appeal, military-court of appeal, of the district, regional and appellate prosecution office and the military prosecutor's Office, the Board-as well as the administrative heads of the Sofia City Court, the Sofia city prosecutor's Office, the specialized criminal court, the public prosecutor's Office, a specialized criminal court of appeal and the Appellate prosecutor's Office.

(3) Ancillary appraisal committees participate in conducting of the periodic performance appraisal for judges, prosecutors and investigators and deputies of administrative leaders outside the cases referred to in para. 2, item 2.

(4) Assistive testimonial committees assist the Commission on the proposals and testimonials to judges, prosecutors and investigators and are chosen in the relevant bodies of the judiciary of a random selection for any particular certification. They consist of three regular and one alternate. The Administrative Director may not be elected as a member of the attestation Commission. The attestation Commission shall elect a Chairman from among its members.

(5) failing to form the attestation Commission by the appropriate authority of the judiciary its composition is supplemented with the members of the Commission of the superior authority of the judiciary in the relevant judicial district.

(6) the testimonial Aids commissions is not elected in the district courts, administrative courts, prosecutors ' offices in the district, the regional investigative departments in the district State Prosecutor's offices and the coroner in the specialized public prosecutor's Office. "

§ 12. In chapter two, section II, to create art. 39A and 39B:

"Art. 39. (1) the Commission "professional ethics and corruption prevention":

1. carry out investigations, collect the necessary information and draw up an opinion on the integrity of candidates in competitions to fill the position in the organs of the judiciary;

2. examine the signals for the presence of conduct contrary to the rules of professional conduct, and provide the results of the examination of the Supreme Judicial Council;

3. collect and analyse information on the presence of corrupt phenomena in the organs of the judiciary and make it available to the Supreme Judicial Council;

4. notify the Supreme Judicial Council in the signals of citizens and public authorities for acts of corruption, as well as in publications in the media, and carry out inspection or will forward the information to the Committee on professional ethics of inspection;

5. organize the implementation of the strategies adopted to combat corruption and the action plan;

6. prepare the participation of the Supreme Judicial Council in joint events with other government bodies and non-profit organizations in connection with the problems of combating corruption;

7. drafting of agreements for joint activities and exchanges information with State and public structures designed to combat corruption;

8. prepare the participation in joint manifestations of the Supreme Judicial Council and other government bodies and non-profit organizations in connection with the problems of counteraction of corruption;

9. draw up an annual report on its activities, which shall be published on the website of the Supreme Judicial Council.

(2) for the performance of its power under para. 1.1 the Commission ' professional ethics and the prevention of corruption "implements interaction with professional ethics committees in the organs of the judiciary, as well as with the competent State authorities and institutions.

Art. 39B. (1) in the organs of the judiciary are elected committees on professional ethics.

(2) professional ethics committees operate on the implementation of the code of ethics of Bulgarian magistrates in accordance with the rules of the Organization and their activities, adopted by the Supreme Judicial Council.

§ 13. In art. 42 the following modifications are made:

1. Paragraphs 2 and 3 shall be read with the following adaptations:

"(2) The Chief Inspector shall be elected a judge, Prosecutor or investigator, that there are at least 15 years of legal experience, of which at least 10 years as a judge in the district or appellate court, in the Supreme Court or the Supreme Administrative Court, a Prosecutor in the District Attorney's Office or appeal, or a Supreme Administrative Prosecutor's Office or an investigator in the national investigation service, or in a County coroner's Department.

(3) inspectors are elected individuals who have at least 12 years legal experience, as five of the inspectors within the framework of this internship are required and at least 8 years, and for the other five – at least 5 years as a judge in the district or appellate court, in the Supreme Court or the Supreme Administrative Court, a Prosecutor in the District Attorney's Office or appeal, or a Supreme Administrative Prosecutor's Office or an investigator in the national investigation service, or in a regional operations. "

2. paragraph 4 is hereby repealed.

§ 14. In art. 50 Finally, the words "posts that have occupied before selecting" shall be replaced by the words "judge, Prosecutor or investigator, not lower than the position before the election."


§ 15. In art. the words "or Inspector 52" is replaced by "inspector or expert" and the words "art. 164, para. 1-5 "shall be replaced by" art. 164, para. 1-7 ".

§ 16. In art. 61 al. 1 shall be amended as follows:

(1) the courts of the Republic of Bulgaria are regional, district, administrative, military, boards, specialized criminal court, specialized criminal court of appeal, Supreme Court of Cassation and the Supreme Administrative Court.

§ 17. In art. 63 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) District, district, administrative, the specialized criminal court and military courts dealt with cases defined by law as a first resort. "

2. a new paragraph. 5:

"(5) a specialized criminal court of Appeal considered a second instance in cases of acts obžalvanite the specialized criminal court."

3. the Previous para. 5, 6, 7 and 8 shall become paragraph 6, 7, 8 and 9.

§ 18. In art. 67 the following modifications are made:

1. In paragraph 8. 1 the words "70 years" shall be replaced by ' 65 years. "

2. in the Al. 2 the word "frame" is deleted.

§ 19. In art. 68 following amendments and supplements shall be made:

1. a new paragraph. 2:

"(2) the Sofia Municipal Council makes proposals to the Panel for the specialized criminal court."

2. The current paragraph. 2 it al. 3 and it creates item 3:

"3. the specialized criminal court — by the General Assembly of the judges of the specialized criminal court of appeal."

3. The current paragraph. 3 it al. 4. § 20. In art. 69 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and finally adds "which starts to run from the date of the laying of the oath under art. 70. "

2. a para. 2:

"(2) If the proceedings involving jurors, continued after the time limit referred to in paragraph 1. 1, their term of Office continues until the completion of proceedings in the Court. "

§ 21. In art. 75 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and the text before point 1 shall be replaced by the following: "the Supreme Judicial Council adopt Ordinance, which specifies:".

2. a para. 2:

"(2) the Ordinance referred to in para. 1 shall be published in the Official Gazette. "

§ 22. In art. 79 make the following amendments and additions:

1. a new paragraph. 4:

"(4) the general meeting may be convened at the request of not less than one-third of all judges."

2. The current paragraph. 4 it al. 5.

§ 23. In art. 85 following amendments and supplements shall be made:

1. a new paragraph. 5:

"(5) the general meeting shall be convened at the request of not less than one-third of all judges."

2. The current paragraph. 5 it al. 6.

§ 24. In art. 92 following amendments and supplements shall be made:

1. a new paragraph. 4:

"(4) the general meeting shall be convened at the request of not less than one-third of all judges."

2. The current paragraph. 4 it al. 5.

§ 25. In art. 98 following amendments and supplements shall be made:

1. a new paragraph. 4:

"(4) the general meeting shall be convened at the request of not less than one-third of all judges."

2. The current paragraph. 4 it al. 5.

§ 26. In chapter IV, section is created Via "Specialized Criminal Court" with art. 100a-100 is:

' Section VIa

Specialized criminal court

Art. 100. (1) the competence of the specialized criminal court shall be determined by law.

(2) the specialized criminal court treated as County Court and its headquarters is in Sofia.

Art. 100 (b). The specialized criminal court consists of judges and is headed by a Chairman.

Art. 100. (1) the specialized criminal court examines cases to a panel of one judge and two jurors, unless the law provides otherwise.

(2) the composition of the Court is chaired by the most senior judge in position or rank.

Art. 100. The specialized criminal court has a General Assembly, which is composed of all the judges. The General Assembly shall apply the provisions of art. 98, para. 2-5.

Art. 100 e. the President of the specialized criminal court has accordingly, the powers of the President of the District Court.

Art. 100. (1) where the Office of a judge of the Special Criminal Court is not occupied or judge is prevented from running in Office and cannot be replaced with another judge of the same court, the President of the specialized criminal court of appeal can seconded in his place by the appellate judge specialized criminal court under the terms of art. 227. (2) when posting under para. 1 it is not possible, the President of the Supreme Court can judge seconded or district appellate court with an appropriate rank under the conditions of art. 227.

(3) the posting of the judge shall be agreed with the Administrative Manager, as his order for posting is refused. "

§ 27. In art. 104 following amendments and supplements shall be made:

1. a new paragraph. 4:

"(4) the general meeting shall be convened at the request of not less than one-third of all judges."

2. The current paragraph. 4 it al. 5.

§ 28. In chapter four creating section Vii "specialized criminal court of appeal" with art. 107 – 107 in: Section Vii

Specialized circuit criminal court

Art. 107. (1) a specialized criminal court of Appeal considered the cases instituted upon complaints and protests against acts of the specialized criminal court. Its headquarters is in Sofia.

(2) specialized criminal court of Appeal consists of judges and is headed by a Chairman.

Art. 107 (b) (1) when the Office of a judge of the Special Criminal Court of appeal is not occupied or judge is prevented from running in Office and cannot be replaced by another judge of the same court, the President of the specialized criminal court of appeal can seconded him judge of the Special Criminal Court with an appropriate rank subject to the terms of art. 227.


(2) when posting under para. 1 it is not possible, the President of the Supreme Court can judge seconded or district appellate court with an appropriate rank under the conditions of art. 227.

(3) the posting of the judge shall be agreed with the Administrative Manager, as his order for posting is refused.

Art. 107. the provisions of art. 104 – 106 apply to specialized criminal court of appeal. "

§ 29. In art. 114, para. 1 creating a t. 14:

"14. the Chairmen of the Board lays down for a period of not more than four years."

§ 30. In art. 122, para. 1 creating a t. 14:

"14. the Chairmen of the Board lays down for a period of not more than four years."

§ 31. In art. 123, para. 1, first sentence, after the words "Administrative Court" insert "or by another vessel with an appropriate rank.

§ 32. In art. 136 para. 1 shall be amended as follows: ' (1) the Prosecutor's Office in the Republic of Bulgaria consists of the Attorney General, the Supreme Cassation Prosecution Office, the Supreme Administrative Prosecutor's Office, the national investigation service, the prosecutors ' appeal, Appellate prosecutor, specialized military appellate Prosecutor's Office, County prosecutors ' offices, specialized public prosecutor's Office, military-district State Prosecutor's offices and district prosecutors ' offices. In the composition of the district prosecutors ' offices have regional investigative departments, and in the composition of the specialized prosecutor's office – operations. "

§ 33. Article 140 shall be replaced by the following:

"Art. 140. The administrative heads of district, regional, specialized, military district, appellate, Appeal Board of military and specialized prosecutor's Office organize and guide their activities, appointed or dismissed employees in them. "

§ 34. In art. 141, para. 2, after the words "the appellate prosecutors" insert "and the head of the Board of specialized public prosecutor's Office," and after the words "voennookr″žni prosecutors '" a comma and add "and of the Appellate prosecutor's Office".

§ 35. In art. 143 establishes al. 4:

"(4) the administrative heads of district, regional, military prosecutors ' offices of the District Attorney's Office and authorised by them or deputies administrative heads carry out controls for compliance with the time limits for completion of the investigation and of the time limits for coercive measures in the code of criminal procedure."

§ 36. In art. 144, para. 2 the words "the superior prosecutor" shall be replaced by ' the relevant administrative head ".

§ 37. In art. 148 al. 1 shall be amended as follows: ' (1) Investigative bodies are the national investigation service, the regional investigative departments in the district State Prosecutor's offices and the coroner's Department in the Prosecutor's Office. "

§ 38. Article 151 shall be replaced by the following: "art. 151. (1) the regional investigative departments in the district State Prosecutor's offices and the coroner's Department in the Prosecutor's Office shall consist of investigators.

(2) the place of employment of each employee and investigator in the regional investigative departments and the coroner to the specialized public prosecutor's Office shall be determined by the administrative heads of the respective offices. "

§ 39. Article 152 shall be amended as follows: "Article. 152. the regional investigators investigative departments in the district State Prosecutor's offices and the coroner in the specialized public prosecutor's Office carried out an investigation into the cases assigned to them by the administrative head of the Prosecutor's Office. "

§ 40. In art. 153 following amendments and supplements shall be made: 1. a new paragraph. 3:

"(3) the coroner's Department in the Prosecutor's Office is led by the head of the Department, appointed by the administrative head of the specialized public prosecutor's Office, the Attorney General, the rank of head of Department in the Appellate prosecutor's Office, and receives compensation equal to the remuneration of Deputy administrative head in the specialized public prosecutor's Office."

2. The current paragraph. 3 it al. and 4 shall be replaced by the following:

"(4) translation and specialized departments in the national investigation service investigative departments, district managers in the regional offices and operations chief in the specialized public prosecutor's Office:

1. carry out the administrative and organizational leadership of the investigators in the Department;

2. at the end of each month prepare and transmit to the relevant administrative head of the Prosecutor's Office information on the formation, movement and the completion of the works;

3. draw six-month and annual report on the activities of the Department that provide the administrative head of the District Attorney's Office. "

§ 41. Article 161 shall be amended as follows:

"Art. 161. (1) after the entry into force of the decision on the appointment, promotion, demotion and removal of a judge, a Prosecutor and investigator Supreme Judicial Council shall notify the person, within one month, took office.

(2) the inauguration is certified in writing to the administrative head of the authority of the judiciary.

(3) on the basis of the decision of the Supreme Judicial Council on the appointment, promotion, demotion and removal of a judge, Prosecutor, investigator and the administrative manager shall issue an act for taking up his duties, which include:

1. the name of the authority of the judiciary, which hold office;

2. the legal basis for holding office;

3. the title of the post and rank;

4. the amount of the basic and additional remuneration;

5. the date of the inauguration.

(4) the judge, the Prosecutor and the investigator begins the performance of his duties from the date of the inauguration.

(5) Appointed as a military judge, military prosecutor or military investigator be taken on his military service and assigned the officers ' rank. "


§ 42. In art. 162, item 3 the words "ethics of judges, prosecutors and investigators" are replaced by "code of ethical conduct of Bulgarian magistrates".

§ 43. In art. 163 Item 2 and 3 be amended as: "2. the judge in the Court of appeal, a judge in the military appeals court, judge specialized in appellate criminal court, Prosecutor in the public prosecutor's Office, appellate Attorney in the Appellate prosecutor's Office and a Prosecutor in the public prosecutor's Office specialized appeal;

3. a judge in District Court, judge at the Administrative Court, the judge in the military court, judge at the Special Criminal Court, a Prosecutor in the District Attorney's Office, a Prosecutor in the District Attorney's Office, a Prosecutor in the public prosecutor's Office, an investigator in the district coroner's Department and coroner to coroner to the specialized public prosecutor's Office; ".

§ 44. In art. 164 following amendments and supplements shall be made:

1. a new paragraph. 3:

"(3) For the specialized criminal court judge and a Prosecutor in the public prosecutor's Office shall appoint a judge or prosecutor who has at least 10 years experience, of which at least 5 in criminal cases as a judge, Prosecutor or investigator."

2. the Previous para. 3 and 4 become Al respectively. 4 and 5.

3. a new paragraph. 6:

"(6) For the appellate judge at the specialized criminal court and Prosecutor in the public prosecutor's Office is assigned a specialized appellate judge or prosecutor who has a minimum of 12 years experience, of which at least 8 in criminal cases as a judge, Prosecutor or investigator."

4. The current paragraph. 5 it al. 7.

5. the Previous para. 6 and 7 become Al respectively. 8 and 9 and the words "para. 1-5 "shall be replaced by" para. 1-7 ".

6. a para. 10:

"(10) for an internship under para. 1-7 count internship position, trainee lawyer within the meaning of art. 297 if the person has worked in an employment relationship with the Department of Justice. "

§ 45. In art. 166, para. 3 the words "to impose disciplinary punishment under art. 308, para. 1, item 6, ' shall be deleted.

§ 46. In art. 167, para. 1 item 2 and 3 be amended as: "2. the President of the Court of appeal, specialized criminal court of appeals and the military appeals court, Court of appeal, appellate military prosecutor and head of the Board of specialized public prosecutor's Office;

3. President of the district, administrative, criminal and military justice, County, District Attorney and head of the public prosecutor's Office; ".

§ 47. In art. 168 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) the Deputy Administrative Director is appointed by the Supreme Judicial Council on a proposal from the Administrative Manager."

2. Create a new para. 3 and para. 4 and 5:

"(3) upon adoption of the decision appointing the Supreme Judicial Council shall examine whether the applicant meets the requirements set out in art. 169, para. 2. Verification shall be carried out on the basis of the documents submitted by the applicant, and of the documents contained in the personnel action.

(4) the Supreme Judicial Council decision may refuse the appointment of the proposed candidate for Deputy administrative head, if he does not satisfy the requirements of art. 169, para. 2.

(5) the Deputy Head of the administration took office within 14 days of the entry into force of the decision of the Supreme Judicial Council.

3. The current paragraph. 3 it al. 6 and in the second sentence the words "your Vice" are replaced by "who can replace him."

4. a para. 7:

"(7) where the Administrative Manager there is no substitute, in all cases of absence, he entrusts with the written order of a judge, Prosecutor or investigator from the appropriate authority to carry out his functions, or part of them. Where the Administrative Manager is not appointed anyone to replace him, his functions shall be performed by one of the judges, prosecutors or investigators from the relevant authority, by seniority. "

§ 48. Article 169 is amended as follows:

"Art. 169. (1) The Administrative Director, with the exception of the President of the Supreme Court, the President of the Supreme Administrative Court and the Prosecutor, shall appoint a judge, Prosecutor or investigator with high professional and moral qualities and positive integrated assessment "very good" or "good" by the last attestation periodically.

(2) The Deputy administrative head is appointed a judge, Prosecutor or investigator with high professional and moral qualities and positive integrated assessment "very good" or "good" by the last periodic appraisal. "

§ 49. Article 170 shall be replaced by the following:

"Art. 170. (1) The administrative head of the District Court and the District Attorney's Office is assigned a person who has at least 5 years of legal experience and meets the requirements of art. 169, para. 1.

(2) The administrative head of the District Court and the District Attorney's Office and the administrative head of the administrative court shall appoint a person who meets the requirements for internship, respectively, under art. 164, para. 2 and 4, as well as the requirements under art. 169, para. 1. The administrative head of the specialized criminal court and of the specialized public prosecutor's Office shall appoint a person who is at least 12 years experience in art. 164, para. 2-4, of which at least 8 years as a judge in criminal matters or Prosecutor, and meets the requirements of art. 169, para. 1.


(3) to the administrative head of the national investigation service, the Court of appeal and the appellate prosecution office shall appoint a person who meets the requirements for an apprenticeship under art. 164, para. 5 and the requirements under art. 169, para. 1. The administrative head of the specialized criminal court of appeal and of the appeal judge is appointed specialized public prosecutor's Office or the Attorney General, who is at least 12 years experience in art. 164, para. 2 – 6, of which at least 8 years as a judge in criminal matters or Prosecutor, and meets the requirements of art. 169, para. 1. (4) for the administrative head of the Supreme Court of Cassation, the Supreme Administrative Court and the Attorney General shall appoint a person who has high professional and moral qualities and meets the requirements for an apprenticeship under art. 164, para. 7. "

§ 50. In art. 171, para. 1, after the words "alternate" is added "open ballot".

§ 51. In art. 172 following amendments and supplements shall be made: 1. In para. 1 the Union "and" after the words "the national investigation service" shall be replaced by a comma and add "and head of the coroner in the specialized public prosecutor's Office".

2. in the Al. 3 the Union "and" after the words "the national investigation service" shall be replaced by a comma and after the word "offices" are added "and supervisor in the specialized public prosecutor's Office coroner".

§ 52. In art. 175 following amendments and supplements shall be made:

1. In paragraph 8. 1 and 2, the words "or alternate of the administrative manager shall be deleted.

2. in the Al. 3 the words "and the alternate" shall be deleted.

3. in the Al. 5 creates the second sentence: "the President cannot refuse to release in the event of a proposal."

4. a para. 7:

(7) the Administrative Director may be dismissed from Office by the decision of the Supreme Judicial Council on a proposal from the administrative head. Deputy administrative head is released from Office and in cases when it is released from Office as a judge, Prosecutor or investigator pursuant to art. 129, para. 3 of the Constitution of the Republic of Bulgaria. "

§ 53. In Chapter 9 the name of section II shall be replaced by the following: "competition for junior judges and junior prosecutors. Competition for the initial appointment in the organs of the judiciary ".

§ 54. In art. 178 Al are created. 3 and 4:

"(3) vacancies under para. 1 are announced simultaneously with the announcement of vacancies in the judicial bodies under art. 188.

(4) the provisions of para. 1 shall not apply to vacancies in specialized courts and prosecutors ' offices. "

§ 55. In art. 181 al. 3 shall be amended as follows:

"(3) to participate in the administration of the Supreme Judicial Council shall submit an application to which the following documents:

1. detailed curriculum vitae, signed by the applicant;

2. notarized copy of diploma for completed higher education on specialty "law";

3. notarized copy of certificate of acquired legal capacity;

4. a certificate of criminal records issued for competition under this Act;

5. medical certificate issued as a result of the carried out a medical examination, the person is not suffering from mental illness;

6. a notarized copy of the occupational/professional and/or insurance license;

7. other documents which at the discretion of the applicant are relevant to the professional or moral qualities. "

§ 56. In art. 182, para. 1 Finally, the words "para. 1 or 2 ' shall be deleted.

§ 57. Article 186 is amended as follows:

"Art. 186. (1) the ranking of the candidates in the competition under art. 176, para. 1, paragraphs 1 and 2 shall be carried out by the selection board through their arrangement according to the outcome of the contest, which is formed as the sum of the written and oral examination. When you draw the selection board qualified candidates with a higher overall success of State examinations.

(2) the Commission "professional ethics and corruption prevention" provides a Supreme Judicial Council information about the moral integrity of the top three ranked candidates for the vacancy and shall issue an opinion on each candidate.

(3) the Commission on the proposals and testimonials to judges, prosecutors and investigators on the basis of the results of the classification under para. 1 and of the opinion under paragraph 1. 2 shall submit to the Supreme Judicial Council the nomination of candidates under para. 1.

(4) the Supreme Judicial Council adopted a decision on the appointment of candidates in the order of ranking to positions for which the competition was named after three consecutive rankings.

(5) upon adoption of the decision referred to in paragraph 1. 4 the Supreme Judicial Council checks whether the winning candidate meets the requirements of art. 162 and 164. The verification shall be carried out on the basis of the documents submitted by the applicant. In checking the Supreme Judicial Council and takes into account the opinion of the Commission, "professional ethics and corruption prevention.

(6) the Supreme Judicial Council decision refusing the appointment of a candidate who is found not to comply with the requirements of art. 162 and 164. "

§ 58. In art. 187, para. 1 the words "para. 3 "shall be replaced by" para. 6 "and the word" decreeing "is replaced by" Declaration ".

§ 59. After art. 187 creates a name section Iia: "Section Iia" contest to raise in the post and for the relocation of a judge, a Prosecutor and an investigator in the judicial bodies. Choice of administrative heads of the organs of the judiciary ".

§ 60. In art. 188 make the following amendments:

1. a new paragraph. 1:

(1) the administrative heads the Supreme Judicial Council informed about vacancies in the relevant organs of the judiciary outside those under art. 178, para. 1. "

2. The current paragraph. 1 it al. 2.


3. The current paragraph. 2 is repealed.

§ 61. Article 189 shall be amended as follows:

"Art. 189. (1) vacancies in the courts, public prosecutors ' offices and investigative bodies, other than those referred to in art. 178 shall be announced by the Supreme Judicial Council by the procedure of art. 179 separately for each body of the judiciary, and be occupied after the contest, which takes place through interviews.

(2) the Increase in the post is the passage of the higher level position within the authority of the judiciary.

(3) Move the switch is equal to the level position in the body of the judiciary.

(4) the competition is held by certain of the Supreme Judicial Council competitive commissions separately for judges, prosecutors and investigators. The commissions consist of a President, four regular and two reserve members.

(5) in the selection boards may not participate members of the High Judicial Council and administrative executives.

(6) in the selection boards for judges may not participate in force prosecutors and investigators. In selection boards for prosecutors and investigators may not participate acting judges.

(7) depending on the number of applicants the Supreme Judicial Council may designate more than one competition Commission for the holding of a contest.

(8) Name composition of each Committee is determined by the Supreme Judicial Council on the basis of the public session downloaded lot respectively from among the judges in the courts of appeal, Supreme Court of Cassation and the Supreme Administrative Court and among prosecutors in the prosecutors ' offices, the Supreme Cassation Prosecutor's Office, the Supreme Administrative Prosecutor's Office and investigators in the national investigative service. "

§ 62. In art. 191 the following endorsements are added:

1. In paragraph 8. 1 creating the second sentence: "If there is no candidate for the position, a proposal could make the administrative head of the authority of the judiciary."

2. a para. 5:

"(5) the lists of admitted and nedopusnatite for participation in the competition shall be announced in accordance with para. 4 not less than 14 days before the date of holding of the competition. The list of persons who are not eligible for participation in the contest shall be indicated and the basis for disallowing. Within three days from the date of announcement of candidate lists that are not admitted, may make an objection in writing to the Supreme Judicial Council.

§ 63. Article 192 shall be amended as follows:

"Art. 192. (1) the selection board conducted the contest through interviews with candidates for practical questions relating to the application of the laws. In determining the result of each candidate's assessment shall be taken into account by the Conference and the results of the regular round of appraisals to date, on the basis of which it makes an overall assessment of the candidate's professional staff.

(2) the selection board shall draw up a report for the ranking of the candidates, together with the reasoned opinion.

(3) the selection board shall forward the results of the classification together with the whole contest documentation and Protocol (shorthand) of the interview of the Supreme Judicial Council.

(4) the Commission "professional ethics and corruption prevention" of the Supreme Judicial Council shall carry out assessment of the moral qualities of the first three candidates for each position and shall issue an opinion on each candidate on the basis of the documents submitted by the applicant, and the documents contained in the personnel affairs, on the results of inspections of the Inspectorate to the Supreme Judicial Council, incentives and penalties, the signals for violation of rules of professional ethics of judges , prosecutors and investigators.

(5) the ranking results are announced on the website of the Supreme Judicial Council.

§ 64. Article 193 shall be amended as follows:

"Art. 193. (1) the results of the ranking of the candidates along with the entire concourse dossier and with the opinion of the Commission, "professional ethics and corruption prevention" shall be made available to the Commission on the proposals and testimonials to judges, prosecutors and investigators.

(2) the Committee on the proposals and testimonials to judges, prosecutors and investigators shall submit to the Supreme Judicial Council a reasoned proposal to raise or to move the candidates ranked first for the posts in the relevant organs of the judiciary.

(3) the Supreme Judicial Council adopted a decision to increase or to move the judge, Prosecutor or investigator in order of the ranking to fill the seats.

(4) upon adoption of the decision on para. 3 Supreme Judicial Council checks whether the winning candidate meets the experience requirements under art. 164, and whether they possess the necessary professional and moral qualities.

(5) the decision of the Supreme Judicial Council refused the appointment of a candidate who has established that does not satisfy the requirements of art. 162 and 164. In this case, the appointed candidate rated next, which complies with the requirements.

(6) the decision of the Supreme Judicial Council under para. 5 may be appealed under the conditions and by the procedure of art. 187. "

§ 65. Article 194 shall be amended as follows:

"Art. 194. in the case of the closure of courts, prosecutors ' offices and investigative bodies or in reducing the number of posts in them the Supreme Judicial Council reveals the relevant posts in another equal in authority of the judiciary, possibly in the same appellate district and prenaznačava of them without competition judges, prosecutors and investigators. "

§ 66. Article 194 (a) shall be replaced by the following:


"Art. 194. (1) vacancies for administrative heads in the organs of the judiciary shall be announced by the Supreme Judicial Council for a decision, which shall be published in the Official Gazette and on the website of the Supreme Judicial Council, and after the selection.

(2) applicants for administrative managers are made public on the website of the Supreme Judicial Council on the Internet along with a brief biography of the candidate.

(3) to participate in selecting candidates for administrative managers shall submit the documents referred to in art. 181, para. 3 in the Supreme Judicial Council. The Committee on the proposals and testimonials to judges, prosecutors and investigators shall check the documents and allowed to participate in the election all candidates who meet the requirements under art. 164 and article. 169, para. 1.

(4) the lists of admitted and nedopusnatite to participate in the election candidates are announced on the website of the Supreme Judicial Council on the Internet for at least 14 days before the date of holding the election.

(5) the list of applicants who are not admitted to participate in the election, and the reason for the exclusion. Within three days from the date of announcement of candidate lists that are not admitted, may make an objection in writing to the Supreme Judicial Council.

§ 67. In Chapter 9, section Iia is creating art. 194 b and 194 in:

"Art. 194 (b). (1) the procedure for the selection of administrative leaders was held by the Supreme Judicial Council through the interview. Within the interview assessing the applicant of:

1. professional training as a judge, Prosecutor or investigator on the basis of the results of the present periodic round of appraisals;  

2. the management competence as an administrative Manager, for which the candidate defends the concept of strategic management of the judiciary;

3. the moral qualities of the candidates on the basis of the reasoned opinion of the Commission, "professional ethics and corruption prevention.

(2) the opinion referred to in paragraph 1, item 3 shall be granted to applicants not later than three days prior to the date of the interview.

(3) the Supreme Judicial Council adopted a decision appointing the applicant, which complies with the requirements of art. 164 and article. 169, para. 1. (4) the decision of the Supreme Judicial Council under para. 3 may be appealed under the conditions and by the procedure of art. 187.

Art. 194. in Order to conduct contests and choices in sections II and Iia and for the establishment of selection boards shall be determined by an Ordinance of the Supreme Judicial Council, which shall be published in the Official Gazette. "

§ 68. In art. 195 following amendments and supplements shall be made:

1. In paragraph 8. 1:

(a) in item 3) add "or the other lawyers";

b) point 4 shall be replaced by the following:

"4. the remuneration for carrying out activities under a contract or other legal relationship with the State, municipal or public organisation, company, cooperative, a non-profit entity, individual or sole proprietor with the exception of research and teaching, to participate in the Central Electoral Commission and the electoral commissions to produce elections for MPs, members of the European Parliament of the Republic of Bulgaria , President and Vice-President of the Republic and local elections, to participate in the elaboration of the draft regulations, which are assigned by the National Assembly or by the authorities of the Executive power, as well as for the exercise of copyright and for participation in international projects, including the financed by the European Union; ".

2. a new paragraph. 2:

"(2) the judges of administrative courts, the judges of the Supreme Administrative Court, prosecutors from the administrative departments of the district prosecutors ' offices, prosecutors of the Supreme Administrative Prosecutor's Office and investigators may not be members of the Central Electoral Commission and the electoral commissions to produce elections for MPs, members of the European Parliament of the Republic of Bulgaria, President and Vice President of the Republic and the local elections."

3. The current paragraph. 2 it al. 3 and after the words "persons at al. 1 item 1 "is added" judges of the Constitutional Court ", and the words" art. 164, para. 1-5 "shall be replaced by" art. 164, para. 1-7 ".

§ 69. Article 196 shall be replaced by the following:

"Art. 196. Performance appraisal is conducted:

1. for the acquisition of tenure – with the age of five years of experience as a judge, Prosecutor or investigator;

2. periodically-every four years since the last certification until the age of 61 years of age – of a judge, a Prosecutor and investigator, administrative manager and Deputy administrative head. "

§ 70. Article 197 shall be amended as follows:

"Art. 197. (1) the Testimonials to acquire tenured aims to carry out an objective assessment of professional qualifications and business qualities, developed after the age of five years ' experience of the judge, Prosecutor or investigator. In the appraisal for tenure taking into account the results of the periodic performance appraisal of judge, Prosecutor and investigator.

(2) the periodic evaluation of the performance represents professional qualifications and business qualities of a judge, Prosecutor or investigator, administrative manager and Deputy Administrative Manager for a period of four years. Performance evaluation is conducted on the basis of the criteria and indicators defined in this law and in the Ordinance under art. 209. (3) on the basis of performance appraisals shall be integrated assessment, which is regarded by the Supreme Judicial Council.

§ 71. Article 198 shall be amended as follows:

"Art. 198. (1) the criteria for the appraisal of a judge, a Prosecutor and investigator are:

1. legal knowledge and skills to implement them;


2. skill of analysis of pravnorelevantnite facts;

3. skill for optimal organization of work;

4. efficiency and treatment.

(2) in the performance appraisals under para. 1 take into account indicators such as:

1. compliance with time limits;

2. the number of confirmed and cancelled and the reasons for that;

3. the results of examinations of the Inspectorate to the Supreme Judicial Council;

4. the total workload of the judicial district and the authority of the judiciary, as well as the workload of a judge, Prosecutor or round of appraisals investigator compared to other judges, prosecutors or investigators from the same body of the judiciary.

(3) in the case of the periodic performance appraisal of junior judge and junior Prosecutor takes into account and evaluation of definitions for his mentor judge or Prosecutor.

(4) during the period of appraisal and the time served by the judge, the Prosecutor and the investigator as a permanent Professor at the National Institute of Justice. Assessment of the performance of the work as a teacher shall be granted by the Governing Council. "

§ 72. Article 200 shall be amended as follows:

"Art. 200. (1) a Periodic appraisal of the Administrative Manager and the Deputy administrative head covers the assessment of his abilities for the position and the assessment of his qualifications as a judge, Prosecutor or investigator.

(2) when the periodic certification of administrative manager and the Deputy administrative head are analyzed and reported, and results of operations of the authority of the judiciary.

(3) on the basis of performance appraisals shall be integrated assessment, which is regarded by the Supreme Judicial Council.

§ 73. Article 201 shall be amended as follows:

"Art. 201. (1) the criteria for the position are: 1. ability to work in a team and for allocating tasks;

2. ability for making the right management decisions;

3. conduct that elevated the prestige of the judiciary;

4. ability to communicate with other public authorities, citizens and legal persons.

(2) the assessment of the abilities for the senior position is carried out on the basis of the criteria to fill the managerial capacity and performance of senior position, as defined by the Ordinance under art. 209. (3) the assessment of professional qualifications is carried out on the basis of the criteria for the evaluation of a judge, Prosecutor or investigator. "

§ 74. Article 202 is hereby repealed.

§ 75. Article 203 is amended as follows:

"Art. 203. (1) on a proposal from the Testimonials began the judge, Prosecutor or investigator or the administrative head of the authority of the judiciary.

(2) the proposal for appraisal for acquisition of tenure shall be made to the Commission on the proposals and testimonials to judges, prosecutors and investigators not later than three months before the expiry of the five-year period.

(3) the Commission on the proposals and testimonials to judges, prosecutors and investigators began periodic certification not later than six months before the expiry of the four-year period. "

§ 76. Article 204 shall be amended as follows:

"Art. 204. (1) in the conduct of periodic attestation of judges, prosecutors and investigators involved secondary appraisal committees as follows:

1. in the performance appraisal of judges:

a district judge and alternate) of the administrative head of the District Court – a help in the appropriate attestation Commission District Court, (a) in the case of the judges of the Sofia District Court – secondary attestation Commission in Sofia City Court;

(b)) and judge district judge by the Sofia City Court, and Deputy administrative head of the District Court and of the Sofia City Court-help in the appropriate attestation Commission Court of appeal;

the judge in the specialised) Criminal Court and Deputy administrative head of the specialized criminal court – secondary attestation Commission specialized in appellate criminal court;

(d) the administrative judge and alternate) of the administrative head of the secondary administrative court-attestation Commission in the Supreme Administrative Court;

(e)) judge in the court-martial and Deputy administrative head of the court martial – secondary attestation Commission in appellate court;

judge, Court of appeal) is a judge in the military appeals court and appellate judge in a specialized criminal court, and Deputy administrative head of the Court of appeal, the appellate court of military appeals and the specialized criminal court – secondary attestation Commission in the Supreme Court of Cassation;

2. in the performance appraisal of prosecutors:

a Prosecutor from the public prosecutor's Office District) and Deputy administrative head of the District Attorney's Office – secondary attestation Commission in the County Prosecutor's Office, a Prosecutor from the Sofia Regional Prosecutor's Office and the Deputy of the administrative head of the Sofia Regional Prosecutor's Office – secondary attestation Commission in Sofia city prosecutor;

(b) the Attorney General of the District Attorney's Office) and a Prosecutor from the Sofia city prosecutor and Deputy administrative head of the District Attorney's Office and the Sofia city prosecutor – secondary attestation Commission in the Appellate prosecutor's Office;

attorney specializing in the public prosecutor's Office) and Deputy administrative head of the specialized prosecutor's Office – secondary attestation Commission in appellate Prosecutor's Office specialized;

(d) the public prosecutor of the military) County Prosecutor and Deputy administrative head of the district military prosecutor's Office – secondary attestation Commission in appellate Prosecutor's Office;


(e)) Prosecutor's Office, Prosecutor of the Appellate prosecutor in the military appellate Attorney and Prosecutor of the appellate prosecution office specialist and Deputy administrative head of the Appellate prosecutor's Office, the military prosecutor's Office and the Board of appeal of the specialized prosecutor's Office – secondary attestation Commission of the Supreme Cassation Prosecutor's Office;

3. in the performance appraisal of the investigators:

and in a district investigator) operations in the County Prosecutor's Office, an investigator in the coroner's Department at the Sofia city prosecutor's Office, an investigator in the Prosecutor's office operations specialist, head of regional operations in the County Prosecutor's Office, head coroner in the Sofia city prosecutor and head of the coroner in the specialized prosecutor's Office – secondary national attestation Commission investigation service;

b) military investigator – secondary attestation Commission in the County Attorney's Office.

(2) the Committee on the proposals and testimonials to judges, prosecutors and investigators conduct a periodic appraisal of: 1. the deputies of the administrative heads and of the judges of the Supreme Court of Cassation and the Supreme Administrative Court;

2. the deputies of the Prosecutor General and the prosecutors of the Supreme Cassation Prosecutor's Office and of the Supreme Administrative Prosecutor's Office;

3. the Director of the national investigation service and the investigators of the national investigation service;

4. the administrative heads of district, regional, administrative, military tribunals and the courts of appeal, as well as the specialized criminal court, specialized criminal court of appeal and the Court of appeal of the military;

5. the administrative heads of district, regional, military-district and appellate prosecutors ' offices, as well as specialized and specialized public prosecutor's Office and the Board of appeals public prosecutor's Office;

6. the administrative heads of the Sofia District Court, City Court of Sofia, the Sofia Regional Prosecutor's Office and the Sofia city prosecutor's Office. "

§ 77. Art is created. 204:

"Art. 204. (1) when conducting the periodic performance appraisal, appraisal Commission help committees and on the proposals and testimonials to judges, prosecutors and investigators carry out a check of delovodnite books, records of the checks carried out by the judges, prosecutors and investigators procedural actions and their acts for the period of testimonials.

(2) to conduct performance appraisals help testimonial committees and the Committee on the proposals and testimonials to judges, prosecutors and investigators may also hear judge round of appraisals, Prosecutor, investigator and Deputy administrative head, as well as to collect further information on indicators for performance appraisal.

(3) after carrying out the Commission's proposals and the performance appraisals performance appraisals of judges, prosecutors and investigators draw up integrated assessment, which can be positive and negative. Degrees of positive integrated assessment are:

1. satisfactory;

2. good;

3. very good.

(4) integrated assessment is motivated by and give recommendations to the round of appraisals. "

§ 78. Article 205 shall be amended as follows:

"Art. 205. (1) the Committee on the proposals and testimonials to judges, prosecutors and investigators provides integrated assessment under art. 204 a, para. 3 the round of appraisals, which within 7 days may make an objection in writing to the Supreme Judicial Council.

(2) an objection To the Supreme Judicial Council hearing the round of appraisals, if necessary, collect additional information. Atestiraniât shall be notified at least 7 days before the date of the meeting.

(3) When the Supreme Judicial Council upheld the objection, the Committee on the proposals and testimonials to judges, prosecutors and investigators compiled a new comprehensive assessment. "

§ 79. Article 206 shall be amended as follows:

"Art. 206. Integrated assessment of the periodic performance appraisal, along with recommendations to be taken round of appraisals by the decision of the Supreme Judicial Council.

§ 80. Article 207 shall be replaced by the following:

"Art. 207. (1) a judge, Prosecutor or investigator becomes non-removable from the age of five years ' experience of Office and received a positive evaluation in a complex of testimonials.

(2) in an acquisition of tenure includes time as a junior judge or junior Attorney General. "

§ 81. Article 209 shall be amended as follows:

"Art. 209. (1) the Attestation of a judge, Prosecutor or investigator for the acquisition of tenure shall be carried out by the Committee on the proposals and testimonials to judges, prosecutors and investigators, which shall draw up a comprehensive evaluation within one month of receipt of a proposal under art. 203, para. 1. Integrated assessment is provided on a round of appraisals, which may make an objection in writing to the Supreme Judicial Council within 7 days.

(2) an objection To the Supreme Judicial Council hearing the round of appraisals, if necessary, collect additional information. Atestiraniât shall be notified at least 7 days before the date of the meeting.

(3) When the Supreme Judicial Council upheld the objection, the Committee on the proposals and testimonials to judges, prosecutors and investigators draw up new integrated assessment.

(4) Comprehensive evaluation for tenure shall be adopted by a decision of the Supreme Judicial Council.

(5) in cases where the integrated assessment of testimonials is negative, the Supreme Judicial Council decision refusing the acquisition status of tenure and atestiraniât is released from Office. "

§ 82. Article 209a shall be amended as follows:


"Art. 209. The Supreme Judicial Council adopt Ordinance for the indicators and methodology for performance evaluation of judges, prosecutors and investigators and administrative directors and alternates of the administrative heads, as well as on the procedures for conducting performance appraisals. By the Ordinance shall be defined and the criteria for reporting the extent of usage of the organs of the judiciary. The Ordinance is published in the Official Gazette. "

§ 83. In art. 233 following amendments and supplements shall be made:

1. In paragraph 8. 1 paragraph 1 shall be replaced by the following:

"1. a judge in District Court and Prosecutor in the District Attorney's Office;".

2. in the Al. 2, after the words "in Sofia City Court" a comma and add "in the specialized criminal court".

3. in the Al. 3, after the words "the city prosecutor's Office in Sofia" is added "and the prosecutors in the public prosecutor's Office".

4. Al are created. 4, 5 and 6:

(4) specialized judges in the appellate criminal court have rank of judges in the Supreme Court of Cassation.

(5) the prosecutors in the appeal are specialized public prosecutor's Office with the rank of a Prosecutor.

(6) on the basis of the extent of the workload of the judiciary the Supreme Judicial Council may determine additional remuneration of a judge, Prosecutor or investigator. "

§ 84. Article 234 shall be amended as follows:

"Art. 234. Increasing place in superior rank and remuneration of a judge, a Prosecutor and investigator can be performed with a proven high skill and exemplary execution of duties if the corresponding proslužil or weighted position for at least three years and there is a positive evaluation of the last comprehensive periodic certification "very good."

§ 85. Article 237 shall be amended as follows:

"Art. 237. (1) the Seniority of a judge, a Prosecutor and investigator shall be determined:

1. from the position that occupies in the appropriate court, in public prosecutor's Office or an investigative body;

2. in equal positions – held the rank of art. 233, para. 1-5;

3. in the case of equal rank and positions – the length of time of the same job;

4. at the same time served in the same position by length of time of other posts as a judge, Prosecutor or investigator.

(2) the Seniority of the military judges, prosecutors and investigators is determined from the position they occupy, to equal position of the rank of art. 233, para. 1-5, in a flat position and rank, from the military ranks, and in case of equal rank – the length of time of other posts as a judge, Prosecutor or investigator. "

§ 86. In art. 242 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the Supreme Judicial Council shall adopt rules for the activity of judges and prosecutors – mentors."

§ 87. Article 244 shall be amended as follows:

"Art. 244. In courts and public prosecutors ' offices in the discretion of the Supreme Judicial Council on the basis of the extent of the workload of the judiciary may have judicial assistants and prosecutorial assistants. "

§ 88. Create art. 246 and 247 (b):

"Art. 246. (1) Judicial assistants assist judges in the performance of their functions. Judicial assistants carry out other tasks entrusted to them by the President of the Court of Justice, by his deputies, by the Presidents of the sections or by other judges.

(2) the Prosecutor's assistants assist public prosecutors in the performance of their functions. The public prosecutor's assistants perform the other tasks entrusted to them by the administrative head or his deputies.

Art. 246 (b). (1) Judicial assistants and prosecution assistants are required to keep as confidential information which has come to their knowledge in the circle of the Office and the interests of citizens, legal persons and the State administrative authorities.

(2) in connection with company business, judicial assistants and the Prosecutor's assistants are not allowed to give legal advice and opinions of the parties, their representatives of procedural or third parties.

(3) in the performance of their duties and in public life, judicial assistants and the Prosecutor's assistants must have behavior consistent with professional ethics, and not to tarnish the prestige of the judiciary.

(4) Judicial assistants and prosecution assistants must insure themselves against accidents from the budget of the judiciary. "

§ 89. In art. 252 the following modifications are made:

1. In paragraph 8. 1 the word "four" is replaced by "five" and the word "three" is replaced by "two".

2. paragraph 2 is replaced by the following:

"(2) the President of the Supreme Court, the President of the Supreme Administrative Court and the Attorney General are members by right of the Board from the quota of the Supreme Judicial Council. The President of the Supreme Court of Cassation is Chairman of the Board. "

§ 90. Art is created. 252:

"Art. 252. (1) the term of Office of a member of the Management Board may be terminated by Manager authority:

1. by resignation;

2. prolonged inability to physically perform his duties for more than six months;

3. when it is released as a member of the Supreme Judicial Council – representatives of the Supreme Judicial Council;

4. in the event of a serious infringement or systematic failure to comply with the obligations.

(2) upon premature termination of the mandate, Board member of the represented body within one month shall elect in his place a new Member who completes the term of Office of the previous one. "

§ 91. In art. 255 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:


"(2) the Director of the National Institute of Justice is elected by the management board by a two-thirds majority of its members for a period of five years. He can be elected for another term after the assessment of the activities of the Board. "

2. a new paragraph. 3:

"(3) the Director of the National Institute of Justice can be chosen a person who:

1. has higher legal education and legal capacity;

2. possesses a high professional and moral qualities and practical experience in the judicial system;

3. meet the requirements for an apprenticeship under art. 164, para. 7;

4. has not been convicted of a deliberate crime punished with imprisonment or deprivation of the right to occupy certain State or public office. "

3. a para. 4:

"(4) the Director shall be released by the Management Board:

1. by resignation;

2. prolonged inability to physically perform his duties for more than 6 months;

3. in the event of a conviction for an indictable offence intentionally with the imposed penalty involving deprivation of liberty or deprivation of the right to occupy certain State or public office;

4. for a serious or systematic violation of this law and the regulations under art. 263. "

4. The current paragraph. 3 it al. 5.

§ 92. In art. 257, para. 1 Add "after consultation with the Supreme Judicial Council.

§ 93. In art. 262 para. 3 shall be amended as follows:

"(3) judges, prosecutors and investigators, drawn as permanent faculty, be seconded for a period of one year by the Supreme Judicial Council on a proposal from and on behalf of the National Institute of Justice. The time limit may be extended on a yearly basis after evaluating the work of the standing faculty member of the Governing Board of the National Institute of justice within the framework of a total duration of five years. "

§ 94. In art. 263 after the words "of the National Institute of Justice ' shall be added" and his administration ".

§ 95. In art. 269 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) paragraph 1 shall not apply where the person has been imposed disciplinary punishment."

§ 96. In art. 285 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) paragraph 1 shall not apply where the person has been imposed disciplinary punishment."

§ 97. In art. 297, para. 5, the words "Investigation Bureau" shall be replaced by "operations".

§ 98. In art. Al 304. 1 shall be amended as follows:

"(1) a proposal for an incentive to the Supreme Judicial Council shall be made by the Minister of Justice, the President of the Supreme Court, the President of the Supreme Administrative Court, the Attorney General, the Director of the national investigation service, the President of the Court of appeal, appeal a specialized criminal, military-appellate, district, specialized criminal and administrative Court of appeal, Court of appeal district, military and military-district attorney, by the head of the public prosecutor's Office and the specialized appeals, as well as one-fifth of the members of the Supreme Judicial Council and of the Association professional organization."

§ 99. In art. 307 is hereby amended as follows:

1. In paragraph 8. 4, item 3, the words "the ethics of judges, prosecutors and investigators" are replaced by "code of ethical conduct of Bulgarian magistrates".

2. paragraph 6 is replaced by the following:

"(6) for the infringements referred to in paragraph 4 disciplinary responsibility of:

1. the unfulfilled – in control under art. 143, para. (4);

2. military judge, military prosecutor and a military investigator – for offences provided for in special laws and charters. "

§ 100. In art. 320, para. 3 Finally, the comma and added "including sanctions under art. 308, para. 1, item 1 and 2 ".

§ 101. In art. 338 following amendments and supplements shall be made:

1. a new item 4: "4. the Chairman of the specialized criminal court – judges of this Court; ".

2. The former item 4, 5 and 6 shall become item 5, 6 and 7.

3. a new point 8: ' 8. the Chairman of the specialized criminal court of appeal – the appellate judges of the specialized criminal court and for the President of the specialized criminal court; ".

4. Current item 7 becomes item 9 and add "and specialized criminal court of appeal".

5. Current item 8 becomes item 10.

6. The former item 9, 10, 11 and 12 shall become item 11, 12, 13 and 14.

7. an item 15:

"15. the head of the specialized prosecutor's Office – for prosecutors and investigators in the Prosecutor's Office; the head of the Board of specialized prosecution – for prosecutors in appellate Prosecutor's Office for specialized and the head of the specialized public prosecutor's Office; ".

8. Current item 13 shall become item 16 and after the words "Attorney" voennoapelativniâ "is added to the head of the Board of specialized public prosecutor's Office and".

9. Current item 14 item 17.

§ 102. In art. 340 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "the Inspectorate to the Supreme Judicial Council" a comma and add "National Institute of Justice".

2. in the Al. 2 the Union "and" after the word "courts" shall be replaced by a comma, and add "and of the coroner in the specialized public prosecutor's Office".

3. Paragraph 3 is replaced by the following:

"(3) the staff in the administration of the Supreme Judicial Council, the Inspectorate to the Supreme Judicial Council, the National Institute of Justice and the judicial bodies are judicial officers."

§ 103. In art. 341 al. 2 shall be amended as follows:


"(2) the number of court officers shall be determined by the Supreme Judicial Council on the proposal of the administrative head in accordance with the degree of usage of the authority of the judiciary, established by the Supreme Judicial Council.

§ 104. In art. 343, para. 2, after the words "the Inspectorate to the Supreme Judicial Council" a comma and add "National Institute of Justice".

§ 105. In art. 355, para. 7 the words "art. 164, para. 1-5 "shall be replaced by" art. 164, para. 1-7 ".

§ 106. In art. 356 is hereby amended as follows:

1. In paragraph 8. 7 the words "art. 164, para. 1-5 "shall be replaced by" art. 164, para. 1-7 ".

2. in the Al. 8 the words "under art. 55, para. 4 "shall be replaced by" referred to in art. 55, para. 5. "

§ 107. In art. 357 Al is created. 10:

(10) the time served as the Secretary General of the Supreme Court of Cassation, the Supreme Administrative Court and the Attorney General, be respected for work placement under art. 164, para. 1-7, for individuals with a higher legal education. "

§ 108. Create art. 358 and 358 (b):

"Art. 358. (1) Judicial employees can be promoted with distinction or award for professionalism, exemplary performance of their official duties, and excellence.

(2) the awards are:

1. official gratitude and diploma;

2. early increase in rank.

(3) the prize up to the basic monthly remuneration is:

1. Monetary;

2. subject.

(4) the award may be combined with the prize.

Art. 358 (b). (1) Judicial officers may form and join organizations that defend their professional interests.

(2) Organizations under para. 1 may not belong to federations and confederations of trade unions of employees. "

§ 109. Article 372 shall be amended as follows:

Art. 372. (1) to the Minister of Justice has the Inspectorate, which:

1. check the activities of public and private enforcement agents, judges the entries, including the activity of the formation, movement and the completion of the enforcement cases, the deeds registry and summarizes and analyzes the practice on these matters;

2. stores and summarizes the information on the formation, movement and the completion of the enforcement cases of public and private enforcement agents and the registry of deeds;

3. check the activities of officials of registration under the law on the commercial register;

4. verify and analyze the activity of notaries in conjunction with Inspector-notaries;

5. assist the Minister of Justice in the exercise of his powers in drafting proposals for the adoption of the interpretative decisions or interpretative rulings, as well as for the preparation of opinions on proposals for the adoption of the interpretative decisions or interpretative rulings;

6. performs current control for the proper organization and carrying out of service for the acquisition of legal capacity and participates in the conduct of the examination for the acquisition of legal capacity;

7. carry out organizational-technical activities necessary for ensuring interaction between the Minister of Justice and the Supreme Judicial Council;

8. organizes and coordinates the monitoring of the implementation of the regulations relating to the judiciary and prepare periodic reports to the Minister of Justice for summarizing the results of the monitoring;

9. carry out other checks assigned by the Minister of Justice.

(2) the checks referred to in paragraph 1. 1, item 1 to 4 shall be carried out according to the plan approved by the Minister of Justice. "

§ 110. Article 374 is replaced by the following:

"Art. 374. (1) the Inspectorate to the Ministry of Justice is composed of inspectors who are guided by the Chief Inspector.

(2) the Chief Inspector and inspectors are appointed by the Minister of Justice after a competition under the law on civil servants.

(3) The Chief Inspector may appoint a person who is at least 12 years legal experience, and for inspector – at least 8 years of legal experience.

(4) the time served as Chief Inspector and Inspector in the Inspectorate to the Minister of Justice, respect for the experience of art. 164, para. 1-7. "

§ 111. Article 375 shall be amended as follows:

"Art. 375. (1) in the dismissal of the Chief Inspector or inspector shall be repaid to the face that stretches up to his appointment, if you worked in the organs of the judiciary.

(2) the restoration under para. 1 the person shall submit a claim to the Supreme Judicial Council within 14 days of his release from Office. "

§ 112. In art. 391 following amendments and supplements shall be made:

1. In paragraph 8. 3 item 3 and 4 are hereby amended:

"3. the organized security for judges, prosecutors and investigators – subject to the conditions and in the order specified by an Ordinance of the Minister of Justice, in consultation with the Supreme Judicial Council and of protected persons – under the conditions and by the procedure of the law for the protection of persons endangered in relation to criminal proceedings;

4. assist the judicial authorities in summoning of persons in cases when it is has not been possible to perform this obligation; ".

2. a new paragraph. 4:

"(4) in carrying out the activities referred to in para. 3, s. 1-7 Guard Directorate "carries out the necessary liaison with the administrative heads of the organs of the judiciary."

3. the Previous para. 4, 5 and 6 become Al respectively. 5, 6 and 7.

§ 113. In art. 396, para. 1 the words "the principle of random selection" are deleted.

§ 114. In art. 398 al. 1 shall be amended as follows:

"(1) for each judicial district of the district and the Administrative Court, as well as for the specialized criminal court shall establish lists of specialists, established for experts."

§ 115. In art. 399 al. 3 shall be replaced by the following: "(3) the proposals for inclusion in the lists under art. 398, para. 1 shall be made to the President of the Court. "

§ 116. In art. 401 para. 1 shall be amended as follows:


(1) the lists referred to in art. 398, para. 1 shall be authorised by the Commission: the President of the Court of appeal or a judge appointed by him, the President of the specialized criminal court of appeal or a judge appointed by him, the appellate attorney or Attorney appointed by him, the head of the Board of specialized public prosecutor's Office or Attorney appointed by him, the President of the District Court, the President of the specialized criminal court, the District Attorney, the head of the public prosecutor's Office and the President of the administrative court. "

§ 117. In the transitional and final provisions in § 11 para. 1 and 2, the words "article. 164, para. 1-5 "shall be replaced by" art. 164, para. 1-7 ".

§ 118. In the transitional and concluding provisions of the law amending the law on the judiciary (SG. 33 of 2009) is hereby amended as follows:

1. In paragraph 115, para. 1 and 2, the words "article. 164, para. 6 ' shall be replaced by "art. 164, para. 8. "

2. In paragraph 116, the words "article. 164, para. 6 ' shall be replaced by "art. 164, para. 8. "

Transitional and final provisions § 119. (1) within 15 days of the entry into force of this law the Supreme Judicial Council determines the number of judges, prosecutors, investigators, as well as alternates of the administrative heads of the specialised courts and prosecutors ' offices.

(2) a full-time staff of specialised courts and prosecutors ' offices is provided and by transforming vacant posts for judges, prosecutors, investigators and clerks at the date of entry into force of this law.

§ 120. (1) within two months of the entry into force of this law the Supreme Judicial Council appoints the heads of specialised courts and prosecutors ' offices.

(2) within 4 months of the entry into force of this law the Supreme Judicial Council appoints judges, prosecutors and investigators in the specialised courts and prosecutors ' offices.

§ 121. (1) within 6 months from the entry into force of this law the general meeting of judges of the specialized criminal court of Appeal determined the jury to participate in the court sessions of the specialized criminal court.

(2) the determination of the jury under para. 1 in the court sessions of the specialized criminal court involved a grand jury set to participate in the court sessions of the Sofia City Court.

§ 122. Within 6 months from the entry into force of this law the chairpersons of the specialized courts and the heads of specialized prosecutors ' offices appointed judicial and prosecution assistants and employees in the judicial administration.

§ 123. Within one month from the entry into force of this law the Council of Ministers provides for buildings specialised courts and prosecutors ' offices.

§ 124. The deputies of the administrative heads of the organs of the judiciary continue to perform its function under the conditions of art. 168. § 125. Within three months of the entry into force of this law shall be elected committees on professional ethics in the organs of the judiciary.

§ 126. (1) within one month from the entry into force of this law the Supreme Judicial Council shall adopt regulations under § 21 and 67.

(2) within one month from the entry into force of this law the Supreme Judicial Council shall adopt rules under § 12 and 86.

§ 127. (1) the schedule to the entry into force of this law competitions for judges, prosecutors and investigators, as well as a choice of administrative leaders completed a previous order.

(2) the schedule to the entry into force of this law calls for deputies of the administrative heads are suspended.

§ 128. Within three months of the entry into force of this law the Supreme Judicial Council shall discharge of position incumbent judges, prosecutors and investigators over the age of 65 years.

§ 129. The four year time limit for periodic performance appraisal under § 69 on art. 196, paragraph 2 shall run from the entry into force of this law.

§ 130. Within three months of the entry into force of this law the Supreme Judicial Council adopts Ordinance under § 82.

§ 131. Incumbent Chief Inspector and inspectors in the Inspectorate to the Minister of Justice shall continue to perform their duties, such as within one month from the entry into force of this law shall be reassigned by the Service Office "head of Inspectorate accordingly" and "Inspector" in the single classification of posts in the Administration, adopted by Decree No 47 of the Council of Ministers of 2004 (published, SG. 18 of 2004; amend. , PC. 83 since 2005 and St. 58 of 2010).

§ 132. Within three months of the entry into force of this Act, the Minister of Justice issued Ordinance referred to in § 112, item 1.

§ 133. In the law on civil servants (official SG. 67 of 1999; amend., no. 1 of 2000, issue 25, 99 and 110 since 2001, no. 45 of 2002, no. 95 of 2003 No. 70 by 2004, no. 19 of 2005, no. 24, 30 and 102 in 2006 and 59/64 since 2007. , PC. 43, 94 and 108 of 2008, PCs. 35, 42, 74 and 103 of 2009, PCs. 15, 46, 58 and 77 by 2010, a decision of the Constitutional Court No. 12 of 2010 – PCs. 91 by 2010; amend., SG. 97 of 2010.) in § 2, para. 3 of the transitional and final provisions, the words "article. 164, para. 1-5 "shall be replaced by" art. 164, para. 1-7 ".

§ 134. In the law on the Court of Auditors (SG. 98 of 2010) in art. 27, al. 2 the words "art. 164, para. 1-5 "shall be replaced by" art. 164, para. 1-7 ".

§ 135. In the transitional provision of the law amending and supplementing the law on special intelligence means (SG. 88 since 2009) in § 6 para. 4, the words "article. 164, para. 1-5 "shall be replaced by" art. 164, para. 1-7 ".

§ 136. The law shall enter into force on the day of its publication in the Official Gazette with the exception of § 20, item 2, which shall enter into force on 1 January 2010, and § 69 on art. 196, paragraph 2, which shall enter into force on 1 March 2011.

The law was adopted by 41-Otto National Assembly on 22 December 2010, and is stamped with the official seal of the National Assembly.


President of the National Assembly Tsetska Tsacheva:

10925