The service of documents in legal proceedings is the method laid down by the legislature for notifying the parties and the other participants in legal proceedings of judicial acts in written form.
Service gives the participants in legal proceedings an opportunity to acquaint themselves with the progress thereof in good time and in accordance with the law, thereby guaranteeing that proceedings are fair and equitable.
The purpose of service is that the recipient should actually be notified of the pending proceedings or at least guaranteed every opportunity to be notified. The essence of the service of documents is thus to enable the recipients to acquaint themselves with the content of the documents; whether they actually do so is left to their own discretion and personal choice.
The key feature of service is that the server should certify the time and method of service and the identity of the person on whom service is performed so that service can be deemed to have been duly performed from the standpoint of legal certainty.
The following persons, as referred to in Article 42 of the Code of Civil Procedure, are competent to serve communications, summons and other documents:
Although they are not explicitly obliged to do so by law, Bulgarian courts usually endeavour to trace the address of a party by performing a search in the Commercial Register or the National Population Database.
The Commercial Register is public. Everyone is entitled to open and free access to the data (i.e. details concerning traders) stored in the Commercial Register. A trader’s address can be found by searching the register at no charge. The Registry Agency provides registered access, against payment of a statutory fee, to a trader’s file and the documents it contains (e.g. articles of association).
Under Article 16d of the Schedule of Statutory Fees Collected by the Registration Agency, an annual fee of BGN 100 is payable for access to the full Commercial Register database, including updates.
The Commercial Register’s website address is http://www.brra.bg/Default.ra
The National Population Database (NPD) is an electronic database comprising the personal registration records of all Bulgarian citizens. It also contains information about foreign nationals who are long-term or permanent residents in Bulgaria and persons who have been granted refugee status, humanitarian status or asylum in the Republic of Bulgaria. This is Bulgaria’s largest database, containing the personal data of natural persons (names, date of birth, personal identification number (EGN) or foreigner's identification number, place of birth, registration of birth, family status and kinship, identity document, etc.). The NPD is maintained by the Directorate-General for Civil Registration and Administrative Services within the Мinistry of Regional Development and Public Works).
The Civil Registration Act (ZGR) specifically regulates the cases where data stored in the NPD can be made available and specifies the persons who may be provided with such data.
1. These are primarily the natural persons (Bulgarian and foreign citizens) to whom the data relate and third parties (natural persons) for whom such data are of importance with regard to the occurrence, existence, amendment or termination of their lawful rights and interests;
2. Government authorities and institutions also have a right of access in accordance with their statutory powers, i.e. within the sphere of their competencies;
3. Legal persons (Bulgarian and foreign) may also be granted access to the database, where provided for in a specific law or judicial act (court order) or authorised by the Commission for Personal Data Protection.
The standard procedure for examining a request for the taking of evidence under Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters applies (Articles 614 to 618 of the GPK).
Most summonses and communications are normally served by court officers and postal staff of the relevant delivery service.
Article 43 of the Code of Civil Procedure provides for the following methods of service:
Personal service: Service is performed on the person at the address for service as specified in the particular case. If the addressee is not found at the specified address, the communication is served at the current address and, failing that, at the permanent address (Article 38 of the Code of Civil Procedure).
The communication is served personally on the addressee, with service on a representative being deemed equivalent to personal service under Article 45 of the Code of Civil Procedure.
Service via another person: This is done where the communication cannot be served personally on the addressee and the other person consents to accept it. The other person may be any adult belonging to the addressee's family or living at the address or a worker, employee or employer at the address. The person via whom service is performed signs the acknowledgement of receipt and undertakes to hand the summons to the addressee.
The court excludes from the group of other persons who may receive the communication anyone with an interest in the outcome of the case or expressly mentioned in a written statement by the addressee.
Under Article 46 of the Code of Civil Procedure, receipt of the communication by the other person is deemed to constitute service on the addressee.
Communications may also be served on a party at an electronic address specified by that party. Such communications are deemed to have been served once they have been received in the information system specified (Article 42(4) of the Code of Civil Procedure). Service at an electronic address is confirmed by a copy of the associated electronic record. There are no restrictions with regard to the type of proceedings or capacity of the party. The only restriction is that parties must have provided the electronic address themselves, whereupon consent is deemed to have been given to this method of service.
Service by affixing a notification: Under Article 47 of the Code of Civil Procedure, if the respondent cannot be found at the address specified for the case and no other person can be found who is willing to accept the communication, the server affixes a notification to the addressee's front door or letterbox or, if they inaccessible, to the building's main entrance or a visible place in its vicinity. The notification states that the documents concerned may be obtained within a fortnight of that notification being affixed. If the respondent fails to appear in order to receive the documents, the court instructs the plaintiff to provide a record of the search for the respondent's registered address. If the address given is not the party's permanent, current address, the court orders service at the current or permanent address under the procedure described above. If the server establishes that the respondent is not staying at the address specified for service, the court instructs the plaintiff to provide a record of the search for the respondent's registered address, regardless of whether a notification is affixed.
The communication is deemed to have been served in due time upon the expiry of the time limit for claiming it. When the judge establishes that the communication has been duly served, he orders it to be added to the case file and appoints a special representative of the respondent at the plaintiff's expense.
Affixing a notification is also the method used for serving communications on assisting parties.
Service on witnesses, expert witnesses or third parties not taking part in the case is performed by depositing the communication in the letterbox or, if access to the letterbox is not possible, by affixing a notification.
Service by publication: Service by publication is governed by Article 48 of the Code of Civil Procedure.
If, when the case is brought, the respondent has no registered permanent or current address, the plaintiff can apply for service to be performed by publication in the non-official section of the State Gazette at least one month before the court hearing. Service may only be performed in this way if the plaintiff certifies, by a statement of search of records, that the respondent has no registered address and the plaintiff confirms by means of a declaration that he does not know the respondent's address abroad. If, in spite of publication, the respondent fails to appear in court when the case is heard, the court appoints a special representative for him at the plaintiff's expense.
When service is carried out by affixing a notification, the communication is deemed to have been served in due time upon expiry of the time limit for claiming it.
When service is carried out by affixing a notification, it is stated on said notification that the documents can be claimed within two weeks from the date of the notification being affixed.
The documents are deemed to have been duly served if the established procedure for affixing the notification has been complied with and the time limit for claiming the documents has expired. A refusal to accept service is not regarded as legitimate or illegitimate, the decisive factor being observance of the service procedure rather than the party’s reasons for accepting or not accepting the process. If the party fails to appear within the set time limit to claim the documents and if the judge establishes that the communication has been duly served, he orders it to be added to the case file and appoints a special representative of the respondent at the plaintiff's expense
Under Article 5(1) of the Common Rules for the Conditions for Delivery of Postal Items and Postal Parcels (adopted by Decision No 581 of the Communications Regulation Commission of 27 May 2010), the recipient's signature is required upon delivery of items sent by registered mail. Items sent by registered mail may be delivered to a person who is a household member, has attained the age of 18 years and lives at the specified delivery address. A signature must be provided upon receipt and an identity document presented. The forename, patronymic and surname of the person who has accepted the item will be entered in the official record.
If a postal item cannot be delivered during a visit to the address owing to the absence of the addressee or another person via whom service can be effected, a formal notification in writing will be left in the letter box, requesting the addressee to appear at the post office and collect the item by a deadline specified by the postal service provider, which may not be less than 20 days or more than 30 days from the date of receipt at the post office for delivery. The number of formal notifications and the deadline for claiming are set by postal service providers in the general terms and conditions of their contract with users; in all cases, at least two formal notifications must be sent.
See answer to 8.2.
When service has been performed an acknowledgment of receipt is completed by the relevant member of staff. It serves as evidence of notification. The acknowledgment of receipt must contain all the requisite particulars proving that service has been duly performed:
- the name of the person to whom the communication is addressed;
- the name of the person on whom it is served;
- the person performing service: court official, post-office employee or courier, mayor or private bailiff.
Where service is performed on a person other than the addressee, it is always specified that that other person is obliged to deliver the communication to the addressee.
Article 44 of the Code of Civil Procedure specifies the following methods of certifying that service has been performed:
- the server certifies with his signature the date and method of service and the identity of the person on whom the communication is served;
- a refusal to accept a communication must be noted on the acknowledgment of receipt and certified by the server's signature; service will nevertheless be deemed to have been duly performed;
- service by telephone or by fax is certified by the server in writing;
- service by telegram is certified by notice of delivery;
- service by telex is certified by written confirmation of the communication sent;
- service by post is certified by acknowledgment of receipt;
- service at an electronic address is attested by a copy of the electronic record of service.
The receipt for the performance of service must be added to the case file as soon as it has been drawn up.
If the addressee does not receive the communication or the communication is not served on him in the manner prescribed by law, such service does not give rise to any legal consequences. Where a party to a case has not been duly summonsed to the court hearing, Article 46 of the Code of Civil Procedure provides for the hearing to be postponed and for a new summons to be served. The party may, however, appear in person and apply orally or in writing to appear before the court, stating that he has been notified of the hearing and wishes the case to be heard. In that case, the summons is deemed to have been duly served.
Where the parties have been duly summonsed but the case is postponed for reasons of evidence, there is no need for a new summons to be served.
The statutory fees collected by courts in the Republic of Bulgaria for examining a case cover all costs of the summons, where effected by a court officer, by a postal worker or by the mayor of the municipality concerned.
Where a party applies for the court to order communications to be served by a private bailiff, Article 42(2) of the Code of Civil Procedure provides for that party to bear the costs of service.
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