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The Supreme Court of Cassation as highest judicial instance has been established
by the Third Bulgarian Kingdom, following the National Liberation and is among
the greatest achievements of the period of the building and recognition of the
state system.
The Supreme Court of Casssation has been established on 25
November 1878 by virtue of special
ordinance issued by the Supreme Court of Justice also known as the Court of
Justice of the Highest Instance.
The Supreme Court has been established under the legal department
of the Interim Russian Government in Sofia and has been composed of three
members and placed under the management of the Sergey Lukiyanov. Its first
president has been Dr. Dimitar Grekov.
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Order
issued
on
4 December
1878 adopting
Rules for establishment of Supreme
Court |
The statute and
independency of the Supreme Court,
as
well as its distinction from the
executive power have been stipulated in Decree
№ 50
issued by Alexander І
Battenberg, Knyaz of Bulgaria.
Under the presidency of Dr.
Dimitar Grekov, graduate in Law form Paris
and Ex - en – Province, man of wide knowledge, experience and energy, the Court
has increased its composition still in the early years of its establishment. In
his capacity as president Dr. Grekov, has assumed the functions of explanation
and interpretation of laws with view of ensuring their uniform application,
issues judgments of principle and guidance.
The essential structural changes
in Court proceedings has taken effect in 1898
following the adoption of the Law on rules of procedure of courts herewith
setting up the judicial system in Bulgaria on the European model.
The Supreme Court of Cassation
has been granted a statute of instance
that exercises the highest judicial supervision over courts of the country.
Judges have been divided into civil and penal divisions. General assembly of the
Supreme Court of Cassation has been
institutionalised
and convened, when cases specific in their essence have been put on the agenda.
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Earlier
judgments issued by the Supreme Court of Cassation |
A
prosecutor general and two prosecutors per division have been appointed
at
the Supreme Court. High
requirements
for
holding
office
at
the
institution have
been
set towards
candidates,
whereas
the
president
has
been
appointed
by
the
Knyaz of Bulgaria at the proposal of the minister if justice. Stability of
appointment of judges has been regulated. The Court has been empowered to
pronounce on controversial topical issues. At the instruction of the
minister of justice, the Court interpretative decisions have been
promulgated in State Gazette with the aim of providing information and
guidance for the Courts of justice.
The changes
following 9 September 1944 have had no impact on the judicial system
and the Supreme Court of Cassation. However by virtue of a number of laws,
the stability of appointment of judges has been brought to an end thus
giving rise to personnel changes. New judiciary set up has been established
following the adoption in 1947 of new Constitution of the People’s Republic
of Bulgaria. By virtue of special law the Supreme Court of Cassation has
been suspended and its functions have been assigned to Supreme Court. The
latter has been convened as first instance to hear cases of accused
ministers, army generals, prosecutors, judges and examining magistrates, and
as second instance to pronounce on appeals and objections against judgments
adopted by other judicial bodies.
The law has
introduced the election principle in the judicial system.
The Supreme Court has been lodged with the obligation to report before the
National Assembly and has also been granted legislative initiative.
Following the
changes of 1989, the judicial system set-up has been regulated by
the Constitution of the Republic of Bulgaria of 1991 and consequently the
Judiciary System Act of 1994.
Administration
of justice nowadays is performed by the Supreme Court of Cassation,
Supreme Administrative Court, appellate courts, district courts, military
courts and regional courts.
Courts
proceedings are divided into three instances.
The Supreme Court of Cassation administrates justice as third cassation
instance, exercises highest supervision over the precise and uniform
application of the law, checks conformity of judgment with the law and
settles jurisdiction issues. It is the highest judiciary instance for penal,
civil and commercial cases.
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Reports issued by the Supreme Court of
Cassation in 1883 |
Collection of Best Judicial Practices by
the Supreme Court of Cassation |
2004 Supreme Court of Cassation Bulletin
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By way of a
general assembly, as the latter comprises all judges of the
colleges, the Court pronounces interpretative decisions as regards application
of a law or when a matter is to be referred to the Constitutional Court.
The President of
the Supreme Court of Cassation is elected by the
Supreme Judicial Council and appointed by the President of the Republic of
Bulgaria for a seven-year term of office.
The President of
the Supreme Court of Cassation is member
by rights of the Supreme Judicial
Council
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