Judicial appeal of punitive decrees and electronic fiches


The law provides for judicial review of punitive decrees issued but not for acts prior to their issuance. For this reason, self-appealing actions of the control body, other than finalizing the procedure of committing the violator's liability penalties, is inadmissible. Thus, for example, no acts of administrative violation or removal of documents of the sanctioned driver of a motor vehicle are subject to appeal. The Supreme Administrative Court states that, as a control and decommissioning body, the District Court examines the justification and lawfulness of the administrative and judicial act and, as a cassation instance, the administrative court controls the judicial activity of the ruling court. In its practice, the SAC has repeatedly held that the liability for costs in the case of appeals against punitive decrees is a contractual relationship deriving from the procedural law, for which reason the costs incurred can not be awarded on the grounds of the SMRDA.
The procedure includes the actions for registering the appeal to the court against a punitive order issued, its completion with the contested act and the evidence to it, sending the case file to the court for pronouncement, and issuing a court decision.
Under this order, punitive decrees issued by administrative bodies are appealed.
 
Competent court
The district court in whose area the offense was committed or terminated is competent to examine and rule on the appeal at first instance. For offenses committed abroad, the Sofia District Court is competent. The relevant administrative court is the second instance court.
Preconditions for initiating the procedure
The prerequisite for initiating the proceedings for judicial review of the penal decree is the presence of a complaint filed with the competent court.
If a complaint is not filed, the penalty decree enters into force - ie. becomes final and is subject to enforcement.
Proceedings may also begin with protest by the prosecutor against the ruling.
 
Right to lodge a complaint
The person who is interested in the outcome of the court proceedings has the right to lodge a complaint.
This is the person to whom the penalty decree has been issued or the person who has requested the indemnity.
Time limit for lodging the complaint
The time limit for filing an appeal against the order for the offender and the person seeking compensation is 7 days and starts to run from service of the decree under the provisions of the Law on Protection of Competition - Art. 58 and 84 of the Law on Protection of Competition. Regarding service for unsettled cases Art. 84 of the NAAN refers to the Penal Procedure Code - Art.178-181. The time limit shall run from the day following that in which the decree was served. If the term expires on a non-working day / Saturday, Sunday public holiday or a day declared as a holiday, that day is not counted and the term expires on the next working day.
The deadline for protest against the prosecutor's decree is two weeks after the order was issued.
Powers of the Court - Art. 63 of the LAW
After examining the case, the court decides by decision, and may:
- confirm the penalty order;
- amend the penal decree;
- annul the penal decree;
- cease production by definition;
 
In taking the decision, the court is obliged to consider the legality and the correctness of the punitive decree issued. This means that he judges:
- whether the act of infringement has been issued by a competent authority
- whether the penalty decree has been issued by a competent authority
- Are the procedural provisions on the issuance of the act and the penal decree complied with?
- Are the substantive provisions on the issue of the act and the penal decree respected.
 
The decision of the administrative court is final.
 


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Judicial appeal of punitive decrees and electronic fiches Judicial appeal of punitive decrees and electronic fiches