Reason: Judiciary Act - Chapter Three "a"
Right to compensation:
The persons who are:
parties to civil, administrative and criminal proceedings finalized or
- who were accused, injured or injured legal entities in terminated pre-trial proceedings.
Amount of compensation:
The amount of compensation that can be received in this order is up to BGN 10,000. In the event that the country is not satisfied with the stipulated compensation or such and is refused, the possibility remains for the country to seek its rights before the European Court of Human Rights.
- for filing an application for compensation - within six months of the final conclusion of the court proceedings in respect of which compensation is sought
- deadline for decision by the public authority - six months from the date of submission of the application.
The procedure for payment of delayed justice compensation begins with the submission of an application by the competent persons, which is submitted through the Inspectorate to the Supreme Judicial Council to the Minister of Justice.
No fees are charged for examining applications.
The application must meet the following requirements: it must be written in Bulgarian language, contain the names of the identity document, a single civilian number and address (respectively of the legal entities - name, UIC, seat and address of management), telephone, fax and electronic address, if any; an indication of the specific act, act or omission by which the infringement was committed by the authority concerned; to whom the application is submitted; specification of the request; the applicant's signature, as well as a statement from the applicant that he had not made a claim for compensation for the same offense and no compensation had been paid to him in another order.
In case the application is regularly filed or the irregularities are eliminated within the deadline, the Inspectorate shall issue a statement of findings with which it shall deal with the alleged violation. The report shall be signed by the members of the examination board and shall contain data on the time and place of its preparation; the applicant; the checking composition; the case by which it is drawn up; the total production period; the period of delay for which the competent authority is responsible; for the period of delay due to the actions or omissions of the applicant or his legal or procedural representative. The statement of findings shall also reflect the opinion of the panel of experts on whether the six-month deadline for the submission of the application has been met, as from the date of the final closure of the proceedings in respect of which compensation is sought. The statement of findings must be issued within 4 months from the date of submission of the application, respectively by eliminating the irregularities of the application, if any were found.
The final decision on whether compensation for a delayed justice is due and its size is taken by the Minister of Justice. When it finds that the applicant's right to hear and settle the case within a reasonable time is violated, the Minister of Justice determines the amount of the compensation. The Minister of Justice proposes to conclude an agreement with the applicant for payment of the damages due. The benefits are paid from the budget of the Ministry of Justice. Persons who have received compensation under this order may not seek compensation on the same ground by court order.
The Minister of Justice rejects the application as unfounded when:
- the length of the proceedings does not exceed a reasonable time or
- where the delay is due to the acts or omissions of the applicant or his legal or procedural representative.
Offices of Tinchev law firm provide the necessary legal assistance to the citizens for the protection of their rights and interests before the state authorities in this case.