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Критичен анализ на заповедното производство
Critical analysis of the warrant procedure

Author(s): Atanas Blidov
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: In 2012 was published the mono- graph of Prof. Dr. Silvi Chernev called "Warrant procedure". The author highlights the need of the existence such procedure in the Bulgarian law system, but simultaneously he critically analyzes the existing legislation of the procedure, regulated in Chapter Thirty- Seven of the Bulgarian Code of Civil Procedure. The analysis is not limited simply to comment the legal texts but covers a considerable volume of case law, including practice of the enforcement procedure. It reveals the weaknesses, the difficulties and the contradictions of the legislation and makes a relevant criticism. As a conclusion of the analysis it is suggested a recommendation for a thorough rethinking of the “Warrant procedure” and for adoption of a new appropriate model. The monograph of Prof. Dr. Silvi Chernev is a necessary and deep examination of the current legislation which is very important because it contains a lot of issues and of practical matters. It is also good because it seeks solutions of the problems raised by the existing contradictions and omissions of the law.

  • Issue Year: LV/2014
  • Issue No: 1
  • Page Range: 97-105
  • Page Count: 9
  • Language: Bulgarian