Проблеми при обжалването на определения по реда на глава XXII НПК.
Problems in appealing against the order set out in chapter XXII of the CPC.

Author(s): Petromir Andreev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Court case
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: appeal; court orders; higher court; art. 270 CPC; jurisdiction
Summary/Abstract: The purpose of this report is to highlight the problems that arise in the appealing proceedings against the court orders under Chapter XXII of the Criminal procedure code(CPC), related to whether, after the court has ruled on the appeal of the court order, whether this act is subject to appeal and if so, who would the competent appellate court be, which must exercise control over the judicial act. The case law, which has been formed on this issue, has been examined and an analysis of the legal framework has been made, together with an own interpretation of the legal norms concerning this issue. Finally, a conclusion was made in the form of a de lege ferenda on how appropriate it would be to amend the existing legislation on the issue of proceedings under Chapter XXII of the CPC so that the problem in the practice could be resolved in accordance with the spirit of the law and the requirements. of European legislation.

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