Вид на акта
искане
Дата
01-01-1970 г.
Към дело
/

  DECISION No 3 OF FEBRUARY 6, 1997 ON CC No 31/96

The decision in response to the Chief Prosecutor declares the provision of Clause 23, item 1, subitem "a" of the Transitional and Final Provisions of the Law on the Amendment to the Law on Agricultural Land Use and Ownership (Darzhaven Vestnik, No 79/1996) to be in contravention to the Constitution.
The motives are that by this provision the pending cases and pending enforcement in which the organizations in Clause 12 of the Transitional and Final Provisions of the Law on the Amendment to the Law on Agricultural Land Use and Ownership are defendants or debtors shall be suspended whereas those in which they are plaintiffs or claimants can be continued by the entities under Clause 29 para 1. There is no indication as to who the successors of the organizations under Clause 12 are. This impairs the rights of plaintiffs and claimants in the suspended cases and suspended enforcement as they cannot take their claims from these organizations. Further it is their right to legal defense and the fundamental principles of equality in business that are impaired.
The Constitutional Court agreed with the claim that the provision was in contravention to Art. 6 para 2, Art. 19 para 2 and Art. 56 of the Constitution.