An Information Module About The Case Law And The Claim Proceedings
The module APIS PRACTICE is a part of an legal information system APIS 6 and provides the user with the most complete and best structured collection of acts of all types of courts in the Republic of Bulgaria in combination with specialized articles and analyses, studying and summarizing the case law, as well as topics for the Claim proceedings in assistance of jurists and lawyers.
The module APIS PRACTICE contains:
- Case law
- decisions and resolutions of the supreme courts, courts of appeal, regional, military and district courts, of the European Court of Human Rights, as well as of the Courts of arbitration, ranged and classified according to various criteria, facilitating the search and ensuring quick finding of the needed casus
- Articles and analyses of the case law
- articles, published in the specialized editions as well as not published up to now researches on issues of laws application;
- analyses by leading specialists, containing detailed and summarized review of the case law as per particular category of cases or legal decrees
- Claim proceedings
- topics for the claim proceedings, explicicating the manner for bringing the individual types of claims, the special features related to proving the statements and arguments of the litigants, appealing the decisions and resolutions of the court, etc. and providing a diverse set of models and forms of bills of complaint, complaints, applications and related documents, submitted with the court.
The module APIS PRACTICE contains various and rich practice of:
- the Constitutional Court of the Republic of Bulgaria;
- The Supreme Court of the Republic of Bulgaria (up to 1997);
- the supreme Court of Cassation and the Supreme Administrative Court;
- The Courts of Arbitration at the Bulgarian Chamber of Commerce and Industry, at the Bulgarian Industrial Association and at thePublic Procurement Agency;
- the Courts of Appeal, Military and Regional Courts;
- the Commission on Protection of Competition;
- the European Court of Human Rights.
The main advantages of the case law, included in the module "APIS PRACTICE" in comparison with other legal information systems, are as follows:
- included new sources in respect to practice, which have not been published up to now – of regional and district courts and courts of appeal, military courts, etc.;
- significant enrichment of the volume and topic contents of the practice from the current sources, as there will be covered cases in respect to which no practice has been published – the practice of the Supreme Court of Cassation, of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, of the European Court of Human Rights,
- easy access to the casus of interest by the means of different classifiers – by enacting authority, by years, by terms;
- publishing the complete text of decisions and resolutions – this enables users to benefit from the more detailed essence both of the legal conclusions of the court and the facts, which condition them;
- opportunity for tracing the overall development of a particular case from the first to the last instance.
Case law includes:
- decisions and resolutions on civil cases;
- decisions and resolutions on commercial cases;
- decisions and resolutions on administrative-criminal cases;
- decisions, resolutions, and verdicts on criminal cases.
Extremely beneficial for all practitioneers (judges, lawyers and jurists) is the practice of the courts of appeal in respect to commercial cases. Most of the cases are unique, as this is the final instance for a particular category of this type of cases. furthermore the passed decisions concern legal casuses of great material interest.
Another category of cases of great material interest are the administrative – criminal cases. for such cases litigants are the respective government control authority (Directorate for National Construction Supervision, Institute of Hygiene and Epidemiology, Labour Inspectorate, The Trade and Consumer Protection Commission, Tax Administration) and natural persons and legal entities. Instance of cassation for the administrative-criminal cases are the regional courts. for this reason their practice in administrative–criminal cases prevented the access of users to the legal information systems up to now.
The module APIS PRACTICE includes also:
- already published articles and legal opinions by leading specialists in the sphere of law. The editor’s selection herein aims mainly at articles, which review and assess the case law or comment issues posed by laws application;
- new analyses of the court practice – topics, designated mainly for the product Apis – Practice by lecturers, researchers, practising lawyers and other specialists. the topics offer to the user an analytical and summarized review of the case law in respect to particular legal decrees, legal institutes or by a definite category of cases.
The module APIS PRACTICE also contains practice-directed topics, explaining in details:
- the manner for bringing different claims;
- documents that should be submitted and instructions for their filling in;
- the course of the claim proceedings;
- what each of the parties should prove and how to do it (by the means of which documents, expert’s opinions, etc.);
- the manner of appeal;
- terms, fees and court costs, etc.
The target is all more important and often brought claims to be comprised in the daily practice of lawyers and jurists. To each claim there are enclosed:
- models of statement of claims and related documents (petitions to court, complaints, applications, etc.);
- recommended court practice with references to the cited decisions.