ANATOLIY MARINOV v. BULGARIA JUDGMENT
11. Between 2014 and February 2017, the applicant’s guardian has been
changed twice, for logistical reasons.
12. On 17 May 2017, the applicant lodged a fresh application with the
Sofia City Court for the restoration of his legal capacity. On 7 December
2017, the Sofia City Court gave a judgment restoring legal capacity to the
applicant and lifting his guardianship considering that the applicant was able
to manage his own affairs and interests and to realise the consequences of his
own acts.
RELEVANT LEGAL FRAMEWORK
I. RELEVANT DOMESTIC LAW
A. Right to vote of persons deprived of legal capacity
13. Article 42 § 1 of the Bulgarian Constitution provides as follows:
“Every citizen above the age of 18, with the exception of those placed under
guardianship (запрещение) or serving a prison sentence, shall be free to elect State and
local authorities and vote in referendums.”
14. The relevant provisions of the 2014 Election Code read as follows:
Chapter I
List of voters
Article 27
“(1) The names of citizens who have lost their right to vote as at the date of elections
or who are dead – as well as the names of persons in respect of whom this code so
provides – must be removed from the list of voters. ...
(3) ... [the names of] persons who have had their legal capacity restored to them ...
will be added to the list of voters upon presentation of the respective document issued
by the [relevant] municipality, region or mayor. ...”
Chapter VII
List of removed persons
Contents of the list
Article 38
“(1) A list of persons (which shall include their permanent addresses) who have been
removed from the electoral register is prepared – by the director of the Department for
Civil Registration and Administrative Services of the Ministry of Regional
Development and Public Works.
(2) The list includes the names, the personal identification number, and the grounds
for the removal of persons who:
1. are placed under guardianship ...”
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