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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Organizational and legal description of the institutes of public prosecutor’s self-government in the Republic of Bulgaria

Organizational and legal description of the institutes of public prosecutor’s self-government in the Republic of Bulgaria

Author: S. Kostenko
Pages: 86-93
Year: 2018
Location: Pravova Ednist Ltd
Дата публікації: 23.11.2018

Keywords

The Republic of Bulgaria, judicial authority, Supreme Judicial Council, institutes of public prosecutor’s self-government.

Review

To date in the domestic jurisprudence there is no any tradition formed of research of social and legal nature of the institute of public prosecutor’s self-government. It considerably complicates the formation of integrated understanding of the role of the public prosecutor’s self-government in the ensuring of the public prosecutor’s independence and meeting the high standards of the public prosecutor’s professional activity. It also determines the necessity of the examination of the genesis and the evolution of the institute of public prosecutor’s self-government in the other countries.

The purpose of this article is to fill up the empiric knowledge’s gap on organizational and legal aspects of public prosecutor’s self-government in such European Union country as Bulgaria. The experience of this country is interesting to explore because Bulgaria has undergone through the reformation of its legal system from soviet type to the legal system meeting the criteria requisite for the members of EU.

According to the Constitution of Bulgaria the public prosecutors form part of the judicial system. It means that the principles of the organizational structure formation and human resource, personnel issues ’ approach are unique in the system. In Bulgarian model of judiciary’s administration there is a specialized, collective, continuing body, stipulated by the Constitution – The Supreme Judicial Council. The Prosecutors’ College of the Council appoints, promotes and demotes the public prosecutors, transfers them from one post to another, dismisses them; evaluates their professional activity, imposes disciplinary sanctions; appoints and dismisses the administrative managers etc. The College consists of eleven members, five of them are elected by General public prosecutor’s Assembly. Moreover, the public prosecutor’s self-government bodies form the Attestation and Competition Commission and Commission on Professional Ethics.

It is noted that the reformation of the Bulgarian model of prosecutor’s bodies’ administration is still under its way due to the necessity of its further modernization.

References

  1. 1. «Konstitucia na Republika Bulgaria» [Constitution of the Republic of Bulgaria]: of 13/07/1991 with amendments and additions as of 12/18/2015 accessed 26/08/2018 (in Bulgarian).
  2. «Zakon za sudebnata vlast» [The law for the authorities sdebnata]: of 07/08/2007 with amendments and additions as of 10/02/2017 accessed 26/08/2018 (in Bulgarian).
  3. Publichen registr na disciplinarnite proizvodstva po Zakona za sudebnata vlast za 2017 g. [Public Register of Disciplinary Proceedings under the Law on the Judiciary 2017] accessed 02.10.2018 (in Bulgarian).
  4. Saidov A H, Sravnitelnoe pravovedenie (osnovnye pravovye sistemy sovremennosti) [Comparative jurisprudence (the main legal systems of our time)] (2003) 448 (in Russian).
  5. Pronevych O S, ’Institut prokurorskogo samovryaduvannya v Respublici Polscha’ [Institute of public prosecutor’s self-government in Poland] (2014) 3(9) Administrativne pravo i proces 41–50 (in Ukrainian).
  6. Ștefan L, Peci I, ’Porivnyalne doslidzhennya prokurorskogo samovryaduvannya u derzhavah-chlenah Rady Evropy’ [Comparative study of prosecutor’s self-government in the member states of the Council of Europe. Prepared within the framework of the Council of Europe project «Support to Criminal Justice Reform» funded by the Government of Denmark] (2018) 77 (in Ukrainian).
  7. Full text of the report of the Service for the Support of Structural Reforms accessed 02.10.2018 (in Bulgarian).
  8. Vyscha rada magistratury Francii [Superior Council of the Magistracy of France] accessed 02.10.2018 (in Ukrainian).

Organizational and legal description of the institutes of public prosecutor’s self-government in the Republic of Bulgaria

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