RULES of the proceedings of the ecclesiastical courts of the Bulgaria
According to the decision of the Holy. Synod at its meeting on 01.22.2015, the archpriest. № 2 – full composition
RULES
litigation of
ecclesiastical courts
of the Bulgarian Orthodox Church
Unpublished in the Church newspaper.
Missing numbering (Art.) 39 as text (Art.) And 31 others. paragraph or paragraphs.
I. Jurisdiction
1. Questions of jurisdiction in cases concerning religious offenses are decided according to Art. 184 UBPTS (Statute of the Bulgarian Orthodox Church). Works on ecclesiastical disputes and ecclesiastical matrimonial matters within the jurisdiction of that ecclesiastical court in the area where the defendant has its domicile; if the dispute relates to property – the location of the property.
II. Opening of court proceedings and preliminary investigation.
2. Prosecutors, plaintiffs, witnesses and experts can only be persons of Orthodox religion (art. 193 UBPTS) or more, except venerable plaintiffs in private affairs (6 rules I Bc. Council).
3. Criminal matters rise up in judgment of the proper ecclesiastical court on the basis of official and private reports or complaints. In cases of ambiguity or doubt about the crime or the source of its disclosure, the court ordered to carry out a preliminary investigation of a clergyman. Ecclesiastical Court sitting, after hearing of the investigation, decided to launch a lawsuit or time it stopped.
In the first case, the president of the court orders to be served on the accused a copy of the indictment and the list of persons to be summoned to court, and he offered to give if he wishes objections within two weeks and to notify you wish to call witnesses and experts – which is, by specifying the circumstances which will establish.
4. In matters of church marriage nature of the application to the applicant a razvenchavka accompanied by Knot certificate must contain:
a) name and surname, residence, nationality, religion, occupation and age of the spouses;
b) how many children have Imani them, by which gender and age are;
c) the reasons and evidence of the claim, including a copy of the decision of the civil court for divorce.
The application shall be the second copy of it and of those written proof of service of the opposing party. By order of the President of the court second copy applications shall be sent to the other party with a message in two weeks to give objections, said its evidence. After receiving the response, the court set the case for hearing, the parties, witnesses and experts.
5. In cases of questionable character written request of the parties must contain: a) name and surname, place of residence; statement of the facts, since the claim arises; c) what is required; d) evidence of the claim.
Application to apply the necessary number of copies of it, and its applications to be served on the other party.
By order of the President of the court, the defendants sent a second copy with a message – in one month to make a written objection with scheduling evidence and counter his claims.
6. The parties, witnesses and experts going with subpoenas. In case of unknown residence, the defendant or the defendant called by “Church Herald”.
The parties may review in the office of the court cases and to extract from them the information they need under the supervision of a person.
III. Stroke cases in hearing.
7. Meetings of the court are public, but they can appear as listeners only persons of Orthodox religion.
In exceptional cases, a court decision in view of morality, public order and the interest of the Church, the cases are dealt with behind closed doors, in which case being put up to three relatives or friends of the parties, if they so request.
8. Cases of defendants or defendants duly summoned, who without good reason do not appear are dealt with in their absence.
If you do not show both sides duly summoned, the case was dropped. The failure of any party that is regularly summoned, does not preclude consideration of the case.
These orders are recorded in the summons of the parties.
Failure of the parties for valid reasons, the case was postponed; cases are adjourned and when not appear certain witnesses whose testimony was relevant to solving the case.
10. The judge removed himself or at the request of one of the parties, if a party or a spouse or relative of a fix in a straight line without limitation, a silver line to the fourth degree or by affinity to the third degree.
It is removed and if it took part in issuing the contested decision, or if a witness or expert witness in the case, and if it is interested in the outcome of the case or is the country with special relations that raise a reasonable doubt as to his impartiality .
The Court decided the question of the removal of part of the judge leads.
11. After opening the hearing: a) in criminal and disciplinary cases is read the indictment; b) a church wedding and controversial cases, the court tries to reconcile the parties and if it finds that reconciliation is possible, may postpone the hearing for up to 6 months.
12. Judicial inquiry is carried out by the court originally the headquarters of the latter.
13. Witnesses and experts tested principle without oath and only exceptionally – under oath if he court finds it necessary or the parties request it (Matt. 5: 33-37; James 5:12, Basil Vel. 29, 81, 82 ).
14. The court may collect evidence alone and to establish the material truth.
15. The hearing is completed by Prenite of countries participating in the case on the merits of the issue and examined evidence and heard the last word of the defendant or the parties.
IV. Decision of the case.
16. After conclusion of the trial court, without the participation of others, discuss the case as an internal conviction, based on canons and UBPTS: the criminal and disciplinary proceedings – the innocence or guilt of the accused, penalties and other consequences of the crime or offense on controversial , church wedding and administrative cases -osnovatelnostta or warranted on the action and render a decision.
17. The resolution of the case shall be announced immediately in the meeting room, except in complex cases – and later, especially one week after the hearing.
In the court’s decision sets out at the latest two weeks of the notice of the resolution and the reasons on which it was given.
18. The decisions of the Diocesan ecclesiastical court in contentious cases of material nature to 50 lev and matters of ecclesiastical criminal or disciplinary nature, which is imposed penalty “note”, “reprimand” or a fine of 30 lev are final.
19. For every hearing is conducted and compiled in seven days report by the Registrar, who noted the persons present, the subject of the case at all and become his actions (comments, objections, etc.) And issued by the court rulings with their motives. The minutes shall be signed by the members of the court and the secretary.
If the protocol errors or opushteniya, the parties may, on written request within seven days of its preparation to ask the court proper amendments or supplements.
20. The decisions of the diocesan courts subject to affirmation by the diocesan bishop. By quarrels arising issues a final decision St.. Synod reduced squad (art. 185 UBPTS).
21. The decision of the trial court, which entered into force, imposing punishment “from grace” before execute, be presented to the St.. Synod for affirmation or to replace a lighter punishment.
V. Appeal appeal of decisions and orders.
22. Against decisions of the ecclesiastical court of first parties have the right to file an appellate (appeals) written complaint through the court which ruled the decision within two weeks of delivery of the resolution or the communication to the parties when absentia or by publication in the “Church Herald “when an unknown residence of the parties, in which case the appeal deadline is one month.
The complaint must be indicated:
1) court to which it is addressed;
2) name and address of the party who filed it;
3) against what the decision is submitted, on what basis and what evidence and what it wants to appeal;
4) Signature of vazzivnika.
The complaint shall be applied as transcripts of the applications and the number of persons against whom the complaint is.
Without complying with the above conditions and if they are not implemented
judicial duties and duties, the complaint shall be left without movement. If within two weeks of notification, the country does not remove the irregularities, the appeal shall be returned. The appeal shall be returned and when overdue.
23. Right of appeal may be restored if the delay is derived by the fault of the official by which the appeal is sent, or delay on the way, due to unforeseen circumstances or erroneous definition of the term by the court.
The request for recovery right of appeal, together with signatures of her for the opposing party shall be submitted to the court which issued the decision within two weeks from the day on which the appeal is returned or has been reported that the period has expired. It is seen from the same court, which if restored the right of appeal appoint a new period of not more than appellate. This period begins on the date of the notice of recovery period.
The Court may file objections or statements indicating the evidence within two weeks of receipt of the copy of the application.
VI. Consideration cases in the appellate court.
24. Upon receipt of the case in the appellate court, the last and deliberated rule on the admission of evidence of the parties and schedule the hearing.
25. That information or experts unquestioned in the first instance, be allowed only if the court recognize that their statements are essential to the case.
Interrogated in the first instance witnesses and experts are allowed to secondary questioning, if the court finds it necessary.
Witnesses and experts are interviewed by a delegation from the trial court.
Besides the evidence mentioned in the appeal and the objectors, new evidence not allowed.
26. Appellate judge only for acts or things that have been the subject of proceedings in the trial court.
The Court of Appeal may annul, increase or reduce the punishment determined by the Court, stating in its decision the reason.
VII. Parts complaints or appeals against orders of the trial court.
27. Private complaints may be submitted until not yet rendered a decision against the definitions of the trial court of the superior court in the following cases:
1) by excitatory process prerekanie;
2) by definition of venue, if the drain is respected;
3) recognition or denial of the right of a third party to take part in the proceedings;
4) removal of a judge, where the court has not upheld the challenge;
5) by acceptance claims, requests or refusal to restore the right of appeal;
6) when proceedings are stayed;
7) when terminated in case of no-show parties.
28. Appeals against rulings shall be filed within seven days since the order or declared since we announced the country if it is absent. These complaints do not stop execution of the ruling and the proceedings, except in cases of items 1 and 7 of art. 27 or when it is necessary to recognize by the appellate court.
Appeals against rulings shall be filed through the court which is held together with such copies thereof and from the attached papers as countries of concern for service of the parties. Complaints to apply copies of the order only when the proceedings have been stayed.
A copy of the complaint as soon as adopted is sent to the opposing party that within seven days of receipt can give objections, after which the court sent to the higher court and the private complaint filed against her objections giving, if it deems necessary, explanations of turn.
29. The appellate court considered appeals within one month of receipt.
VIII. Annulment of the decisions and orders.
30. Complaints and requests for annulment of the decisions of the court of first instance shall be submitted:
1) for an appeal of the decision;
2) Review of decision
3) …………………………………..
…………………………………………. 31 ….
1) all final decisions of the Court of First Instance
2) interlocutory judgments of the trial court, when an appeal in cassation.
When one of the parties participating in the case is appealed in cassation and the other on appeal order, second-instance court shall consider the case of one and the other grounds and it finally resolved. In this case return of the case to the Court of First Instance is not, unless the court finds it necessary for the proper disposition of the case.
32. Cassation appeals and objections shall be lodged in the terms and conditions established for filing appeals against interlocutory decisions and rulings (Art. 22 and Art. 23).
Additional cassation complaint may be submitted in writing to the opening of the first hearing of the case.
Cassation appeals against decisions of the trial court for a new hearing of the case shall be allowed: 1) when it is disturbed or misinterpreted or canon law; 2) are violated substantive legal process norms are not observed, could have a bearing on the decision; are violated limits of authority or power that UBPTS or canons provide the ecclesiastical court; 4) when the same decision contained instructions that conflict; 5) when skewed data or facts of the case; 6) when incorrectly interpreted the canon or UBPTS in determining the offense.
33. Cassation appeals against final definitions are allowed: 1) where the definition is restored or is denied the right to submit an appeal against the final decision; 2) when the definition is barred further development of the merits.
34. Review and resolution of the case becomes more general terms without summoning the parties.
35. When annul the contested decision, the Court of Cassation returned the case for reconsideration by the court that issued the judgment in another composition or by another court of equal degree in compliance with Art. 31 and 32.
36. The court which has sent the case is obliged to obey the interpretations of the Court of Cassation.
IX. Review and withdrawal of final decisions.
37. At the request of the parties involved in the case or their close relatives are allowed revocation of final decisions:
1) when issued contradicting each other solutions, entered into force between the same parties in the same capacities, the same subject and the same grounds;
2) when new circumstances or new written evidence proving the innocence of the convict or new circumstances, which are essential for the issue or administrative lawsuit;
3) when the subject is found in the documents or spice or falsity in the testimony on which the decision is based;
4) when demonstrating in court mercenary or other criminal actions of judges in connection with the resolution of the case;
5) when the country due to violation of the relevant rules, has been deprived of the opportunity to participate in the case or when it could not appear in person because of the obstacle that could not remove.
When submitting an application for annulment of the rules laid down in Art. 22, para. II and III of this Code.
38. At the same time may file a request for cancellation or third parties not involved in the case and are not close relatives of the parties when the final decision violates their rights.
The diocesan bishop can ……………………………………….. …..
review the terms of surveillance with effective decision when the same was delivered in a substantial violation of the canons or the law.
40. Performances or applications for review and revocation shall be filed in the Court of Cassation, which after the adoption, it is certified in advance by checking properly, the reality of the circumstances on the basis of which is sought review of the decision and, if the application to recognize good , revoke the final decision and returned the case for retrial.
X. Final decisions.
41. The decision shall enter into legal force:
1) when the Court of First Instance with affirmation of the diocesan bishop (chl.185.UBPTs);
2) when in due time have not been submitted – or appellate cassation complaints; 3) when filed appellate or cassation appeal has been left without consequence.
42. The decision of the ecclesiastical courts “from grace,” “excommunication” of the Church, or “anathema” prior to enforce, present St.. Synod, presenting them or replace with lighter punishments (Art. 194 of UBPTS) .
43. Right of mercy belongs to St.. Synod and shall be exercised in the manner specified by the canons (Ankara 5).
XI. Costs.
44. St. Synod determines the amount of judicial office and duty, barium and church marks on the case.
XII. Special regulations.
45. Church courts in all cases not provided for in these Rules and UBPTS in the proceedings are governed by the canons of St. Church of general practice of the Orthodox churches and the general principles of civil, criminal and administrative jurisdiction of the secular courts in conformity with the spirit of the canon law of the Orthodox Church.
46. On entered into legal force of judgments and decisions of the ecclesiastical court all members of the Church to obey (Chalcedon 8).
47. These Rules shall enter into force on the day of its approval by St.. Synod at full strength and revoke any regulations that contradict it.
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