Някои специфични особености на съдебното производство за защита от домашно насилие
Some Specific Features of Legal Proceedings for Protection against Domestic Violence

Summary/Abstract: Domestic violence is a serious social problem. Although in most cases violation is exerted within the family and home, and not in public, this does not mean that the State has no obligation to counteract it or to provide protection to the victims. In its practice, the European Court of Human Rights (ECHR) has repeatedly pointed out that the protection against domestic violence is a natural duty of the State, the latter having the obligation to interfere in personal and family life relationships, and this obligation may as well include the adoption of measures in the sphere of interpersonal relationships. In that respect, the interference of the State does not constitute inadmissible meddling in the private life of citizens because the presence of close relationships may not serve as a justification for the exertion of violation or harassment. As for the nature of proceedings for protection against domestic violence, contradictions are currently present in court practice. The controversial matters are those relating to the proper parties in the proceedings, the application of various procedural rules of the general claim procedure, the possibility of suspension of proceedings by mutual consent of the parties, and the termination of proceedings through either an agreement or a court decision of a new type, such as one taken in absentia or in recognition of the claim. The issue of whether the effective decisions in any such type of proceedings are subject to being superseded is highly topical. The article provides an overview of the relevant legal regulation and the contradictory court practice. Consideration is given to the nature of proceedings and the particularities ensuing from it. Attention is focused on the problems occurring in the course of proceedings as well as on those related to rendering the court decision. In view of the established contradictions, the author expresses his view on the proper interpretation and application of the law, and makes suggestions for future amendments to the legislation.

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