The appeal of an administrative act and a penal decree is a key element in the protection of the rights of citizens and legal entities in Bulgaria. In this article, we will examine the main points when appealing administrative acts and penal decrees, paying attention to the differences between them, the legal grounds and the appeal procedure.
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Lawyer Plovdiv – Plovdiv, bul. “Tsar Boris” III No. 128
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Administrative Acts and Penal Decrees: Differences
Administrative acts are individual, general and normative administrative acts:
An individual administrative act is the declaration of will of an entity authorized by the state, which creates rights or obligations or directly affects the rights, freedoms or legitimate interests of individual citizens or organizations.
- An individual administrative act is also the refusal to issue one.
- An individual administrative act is also the declaration of will, which declares or establishes already arisen rights or obligations, when the declaration of will is relevant for the recognition, exercise or termination of rights or obligations.
- An individual administrative act is also a declaration of will to issue a document relevant for the recognition, exercise or termination of rights or obligations, as well as a refusal to issue such a document.
- An individual administrative act is also the refusal of an administrative body to perform or refrain from a certain action.
A general administrative act is a declaration of will of an entity authorized by the state, which has a single legal effect and with which rights or obligations are created or directly affect the rights, freedoms or legitimate interests of an unspecified number of persons, as well as the refusal to issue such an act.
A normative administrative act is a subordinate administrative act that contains administrative legal norms, applies to an unspecified and unlimited number of addressees and has multiple legal effect. Normative administrative acts are issued pursuant to a law or a subordinate normative act of a higher level.
A penal decree is an act that imposes an administrative penalty for an administrative violation. The penal decree is the final act in the administrative criminal case, when the punishing authority establishes in an unequivocal manner the fact of the committed violation, the identity of the person who committed it and his guilt.
Grounds for appeal of administrative acts
According to the Administrative Procedure Code (APC), the grounds for appeal of administrative acts are:
1. Lack of competence;
2. Failure to comply with the established form;
3. Significant violation of administrative procedural rules;
4. Contradiction with substantive legal provisions;
5. Incompatibility with the purpose of the law.
Procedure for appealing administrative acts
Administrative acts may be challenged within 14 days of their notification. Tacit refusal or tacit consent may be challenged within one month of the expiry of the period within which the administrative authority was obliged to issue a decision. When the act is appealed administratively, the period begins to run from the notification that the higher administrative authority has issued a decision, if it has not issued a decision – from the final date on which it should have issued a decision. Administrative acts may be challenged with a request for their nullity without any time limit.
The court is not limited to discussing the grounds stated by the applicant, but is obliged, based on the evidence presented by the parties, to verify the legality of the contested administrative act on all grounds under the APC. The court declares the act null and void, even if there is no request for it.
For additional questions:
Lawyer Sofia – Sofia, 3 Positano Square
Lawyer Plovdiv – Plovdiv, bul. “Tsar Boris” III No. 128
Contact number 0886722772
Appeal of a penal decree – powers of the court.
The court shall annul the penal decree when:
- When issuing it, an incorrect application of the substantive law was made;
- A significant violation of the procedural rules was made in the administrative criminal proceedings;
- When there is a minor case. In this case, the court shall warn the offender with the decision that if another administrative violation of the same type, representing a minor case, is committed within one year from the entry into force of the judicial act, an administrative penalty will be imposed on him for this other violation.
The court shall amend the penal decree when it is necessary to:
1. Apply a law for the same, equally or less punishable offense, without significantly changing the circumstances of the offense;
2. Reduce the amount of the imposed administrative penalty or replace it with a lighter one than those provided for the same offense;
3. Replace the imposed administrative penalty with a lighter one type in cases of a minor offender;
4. Reduce the amount of the imposed pecuniary sanction;
5. Revoke or amend the penal decree in the part concerning the application of the provisions concerning the seizure of the offender’s belongings in favor of the state or the disposal of the material evidence;
6. Reduce or increase the amount of compensation.
In such cases, the court confirms the penal decree.
Procedure for appealing a penal decree
Appealing a penal decree is a possibility guaranteed by law. Penal decrees are subject to appeal before the district court in the region where the violation was committed or completed, and for violations committed abroad – before the Sofia District Court. The appeal is filed through the punishing authority within 14 days of receiving the decree. When considering the case before the district court, the offender, the person requesting compensation, the owner of the items that were disposed of or were confiscated for the benefit of the state, if he is not the offender, the punishing authority, as well as the witnesses admitted by the court, are summoned. The district court considers the case in a panel of one judge and pronounces a decision.
The role of the attorney in appeal
The attorney plays a key role in the process of appealing administrative acts and penal decrees. He provides legal advice, prepares appeals and represents the client before administrative authorities and courts. A good lawyer ensures that the client’s rights are protected and that all procedural requirements are met.
For additional questions:
Lawyer Sofia – Sofia, 3 Positano Square
Lawyer Plovdiv – Plovdiv, bul. “Tsar Boris” III No. 128
Contact phone 0886722772
Frequent problems and how to avoid them
Appealing administrative acts and penal decrees can be complex and time-consuming. Common problems include missed deadlines, improperly formatted appeals, and insufficient legal reasoning. To avoid these problems, it is important to consult an experienced attorney to guide you through the entire process.
Conclusion
Appealing an administrative act and a criminal decree is an important part of protecting the rights of citizens and legal entities in Bulgaria. Compliance with legal procedures and consulting an experienced lawyer are essential for a successful appeal. If you need legal assistance or additional advice, do not hesitate to contact our law firm. We are here to help you and protect your interests.
You can contact us for consultation and assistance on all issues related to the defense of appeals of administrative acts and criminal decrees. Our lawyers have a rich and individual approach to each client.
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Contact number 0886722772
Lawyer Sofia – Sofia, 3 Positano Square
Lawyer Plovdiv – Plovdiv, 128 Tsar Boris III Blvd.
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