Отговорност на държавата от незаконно използване на разузнавателни средства
State liability for the illegal use of special reconnaissance equipment

Summary/Abstract: ADMINISTRATIVE LAW // The alteration of the State and Municipal Liability for Damages Act (SMLDA – title altered, State Gazette, issue 30 dd. 11 April 2006) (see, State Gazette, issue 17 dd. 6 March 2009 in art. 2, par. 1) created item 7, which provides state liability for damages citizens may have incurred through the illegal use of special reconnaissance equipment by officials involved in preliminary reconnaissance, such as judicial inquiry, the prosecutor’s office or the court. That alteration represents a legal continuation of the 2009 alterations in the Special Reconnaissance Equipment Act (State Gazette issue 95 dd. 21 Oct. 1997). Its legislative motivation is based upon the numerous European Union decisions which censure the illegal use of special reconnaissance equipment as an offence against human rights. The article attempts to outline the hypotheses which recognize state liability and its coming into force under art. 2, par. 1, item 7 of the SMLDA. The said hypotheses are coordinated with the formulation of passively legitimated subjects under art. 2 of the SMLDA and their powers with regard to the use of SRE. The number of subjects who are authorized to use SRE is a limited one, yet the actions of those subjects take on no liability whatsoever under art. 7. Therein the term “use of SRE” is clarified according to the special legal order. The hypotheses describe on what occasions the use of SRE can be considered illegal. Special attention is paid to the regime of finding the persons who may have incurred a loss through the illegal use of Special Reconnaissance Equipment, according to regulations in the SREA. Legal practice still awaits its formation under art. 2, par. 1, item 7 of the SMLDA. Probably the emerging practice will be very varied and will itself serve as a ground for further consideration with regard to application.

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