Law For Military Intelligence

Original Language Title: Закон за военното разузнаване

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15268/

Name of law Law for military intelligence Named Bill Bill for military intelligence, date of acceptance 05/11/2015 number/year Official Gazette Decree No 88/2015 220

On the grounds of art. 101, para. 3 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law for military intelligence, adopted by HLIIÌ National Assembly of 1 October 2015, readmitted on November 5, 2015.

Issued in Sofia on 9 November 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

for military intelligence

Chapter one

GENERAL

Art. 1. This law governs the organisation, activities, tasks and functioning of military intelligence, as well as the status of its employees.

Art. 2. Military Intelligence brings together the activities of all intelligence structures and formations in the armed forces of the Republic of Bulgaria and waters for the purpose of obtaining, processing and provision of intelligence information in the interest of the defense of the country and national security.

Art. 3. Military Intelligence participated in the activities of the intelligence communities of the North Atlantic Treaty Organization (NATO) and the European Union (EU), exchange of intelligence and intelligence support in the Alliance and coalition operations.

Art. 4. Military Intelligence is organized by:

1. Military service information, hereinafter referred to as "the Office";

2. intelligence structures in controls and intelligence forces in the Bulgarian army.

Art. 5. Military Intelligence is conducted on the basis of the following principles:

1. compliance with the Constitution, laws and international treaties to which the Republic of Bulgaria is a party;

2. respect for the rights and freedoms of citizens and their dignity;

3. interaction with the organs of State power, the security services and the public order;

4. centralised management and control of the intelligence business;

5. combination of overt and covert forms and methods of work;

6. observance of political neutrality;

7. objectivity and impartiality.

Chapter two

ORGANIZATION AND TASKS OF MILITARY INTELLIGENCE

Section I

Organization of military intelligence

Art. 6. Intelligence in the armed forces of the Republic of Bulgaria is organized in a single centralized process and is carried out at the strategic, operational and tactical level.

Art. 7. (1) the Office shall organise and lead strategic intelligence with the use of human resources and technical means.

(2) the Office's structure on the direct authority of the Secretary of Defense and is a legal person. The Director of the Office is a minor officer by budget to the Minister of Defense.

(3) the Office collects and processes all information obtained by intelligence authorities of military intelligence or received by intelligence structures at NATO and the EU, by intelligence authorities of the Member States of NATO and the EU, and from partner departments.

(4) the Office is autonomous in providing internal security, the protection of classified information and kontrarazuznavatelnoto the provision of intelligence activity.

Art. 8. (1) the joint command of the Force planned and organized intelligence and intelligence provide operational level, coordinate the intelligence process and carry out the manual and the interaction of the intelligence units and organs of the types of armed forces in the conduct of joint operations.

(2) the types of armed forces commanders of operational level planning, organize and guide subordinates intelligence structures.

Art. 9. The commanders (heads) of the military units organized military intelligence on the tactical level.

Section II

Tasks of military intelligence

Art. 10. The military intelligence at the strategic, operational and tactical level in accordance with the purpose, their roles and responsibilities in a single reconnaissance process tasks are placed in the order, established by an act of the Minister of Defense.

Art. 11. The military intelligence cannot be assigned tasks by the domestic political character. It does not collect, not process, analyze, and store information from domestic political character.

Art. 12. the main tasks of military intelligence at the strategic level are:

1. obtaining and analysing strategic intelligence needed for the defense of the country and the protection of national security from external attacks, risks and threats;

2. information on the activities of government institutions in the field of security and defence of the State;

3. implementation of continuous monitoring, early detection and warning of the risks and threats to national security and collective defence;

4. providing intelligence on the needs of the armed forces and in planning for the development of operational capabilities;

5. the development of information and operational cooperation with intelligence structures at NATO and the EU, with the intelligence bodies of the Member States of NATO and the EU, and with partner agencies in the interests of national and collective defence and security;

6. implementation of exchanging intelligence and conducting joint operations with intelligence structures at NATO and the EU, the intelligence authorities of the Member States of NATO and the EU, and with partner departments;


7. the provision of intelligence in the interests of security of operations and missions outside the country, involving Bulgarian military contingents and individual officers;

8. implementation of the immediate Office of the leadership of the military attaché to the overseas representative offices of the Republic of Bulgaria.

Art. 13. For the execution of the tasks assigned to her Office:

1. use specific forms, methods and tools of operational work under conditions and by an order determined by the rules of art. 17, al. (4);

2. Appeals for cooperation Bulgarian citizens or citizens of another country with their voluntary consent to the performance of the intelligence tasks under conditions and in accordance with procedures laid down by an act of the Minister of defence;

3. ensure the protection measures and the protection of persons who work or who have worked, collaborate or collaborated with the military intelligence;

4. creates own disguises of the staff of the Office under the conditions and in accordance with procedures laid down by the regulation under art. 17, al. (4);

5. use disguises in the agencies, organizations, companies and other legal persons under the conditions and in accordance with procedures laid down by the regulation under art. 17, al. (4);

6. compile and use a foreign identity documents and other evidence necessary to cover the Office's staff who perform operational-investigation activity, under conditions and in accordance with procedures laid down by the regulation under art. 17, al. (4);

7. develops and manufactures special machinery, ancillary equipment and documents to ensure its operational activities;

8. use documents to protect and hide the affiliation of its personnel, buildings and facilities provided for the management of the Office;

9. razvr″ŝa and used for electronic intelligence authorities for the extraction of information in the interest of national security from external electronic systems and tools under conditions and by an order determined by the rules of art. 17, al. (4);

10. develop capacity to yield intelligence, either alone or jointly with the structures of NATO, the EU and the partner services, through the use of space, aviation, marine and terrestrial systems to obtain images under conditions and by an order determined by the rules of art. 17, al. (4);

11. enter into contracts with legal entities and individuals for services and supplies related to the activities of the Office, in accordance with the law on public procurement and with the law on the protection of classified information.

Art. 14. The intelligence structures in the Bulgarian army build and maintain capabilities for Scouting operations.

Art. 15. (1) military intelligence at the operational and tactical level performs tasks by:

1. planning and organization of intelligence, intelligence support and management of the intelligence forces and means of subordinate military units;

2. obtaining, processing and dissemination of intelligence, maintain the database and managing the intelligence process;

3. monitoring and extraction of information about the situation outside the territory, in and outside the territorial waters and airspace within and outside of the Republic of Bulgaria in order to forestall and bring to an end any threats to the defense of the country;

4. the extraction of information from the communication, information and radio systems and equipment through deployment of intelligence authorities for electronic reconnaissance and observation posts from open sources;

5. obtaining intelligence information from the videos and images in real time, including through the deployment of forces and means of their receipt, processing and decryption.

(2) the structure and functions of the organs of military intelligence at the operational and tactical level is governed by acts of the head of the defense.

Art. 16. at the joint military intelligence operations are planned and organized by the joint command of the force with the participation of the authorities at the strategic level, perform tasks of detection of protivostoâŝi forces and the concept for their use and in accordance with the developed plans carried out reconnaissance support for the troops and forces.

Chapter three

PLANNING AND MANAGEMENT OF MILITARY INTELLIGENCE

Section I

Device of military intelligence

Art. 17. (1) the Office is organized into directorates, guide, departments and sectors.

(2) The Directorates can create territorial structures.

(3) The Office may create military units and overseas entities of the direct subordination of the Director.

(4) the structure of the Office, the organisation of work and the total number of employees is determined by the regulation for the device and the operation of the service, "Military information", adopted by the Council of Ministers.

Art. 18. the Office performs its assigned tasks independently in accordance with this Act and the regulations under art. 17, al. 4.

Art. 19. The device of military intelligence in the Bulgarian army is in line with the command structure at the operational and tactical level:

1. on the operational level, in joint command of the forces and the types of armed forces command through subordinates their intelligence agencies and military units;

2. the tactical level – in military formations through their bodies.

Section II

Military intelligence manual

Art. 20. The direction of military intelligence is accomplished by: 1. Prime Minister;

2. the Minister of defence;

3. the Chief of the defense.

Art. 21. Prime Minister:

1. performs general management of military intelligence at the strategic level;


2. place long-term and annual information tasks of the Office;

3. collecting opinions and reports from the Director of the Office on matters relating to its functions and tasks.

Art. 22. the Minister of defence:

1. place the immediate guidance of military intelligence at the strategic level and the general direction of military intelligence in the Bulgarian army;

2. put information tasks;

3. shall issue normative acts related to the operations of military intelligence;

4. control the financial-administrative operation and the disposal of material-technical resources of the Office;

5. submit to the Council proposals for the adoption of legal acts relating to the Office, and an annual report on the implementation of the tasks entrusted to it, the.

Art. 23. (1) the Chief of the defence:

1. direct the military intelligence in the Bulgarian army at the operational and tactical level;

2. put the tasks of military intelligence in the Bulgarian army and supervise their implementation.

(2) in carrying out the activities referred to in para. 1 and in the performance of their duties under art. 85, para. 1, item 4 of the law on defence and the armed forces of the Republic of Bulgaria defence Chief is assisted by the Office, as she puts the specific tasks.

Section III

Service Manual "Military information"

Art. 24. (1) the Office shall be managed by a Director, who shall be appointed for a term of 5 years.

(2) the Director may be reassigned to the same Office only for a period of 5 years.

(3) the Director of the Office may be a serviceman of actual military service with a higher rank.

(4) the Director of the Office shall be appointed and relieved by a decree of the President of the Republic of Bulgaria, on the proposal of the Council of Ministers.

(5) the powers of the Director of the Office shall be terminated ahead of schedule:

1. at its request, stated in writing;

2. failing to perform his duties for more than 6 months;

3. in the age of the age limit for the respective rank, where serviceman of actual military service;

4. upon the entry into force of the Act, with established conflict of interest under the law for the prevention and detection of conflicts of interest;

5. upon the entry into force of the sentence, which was imposed a penalty for intentional serious cation of a general nature;

6. in the event of non-compliance with the requirements under art. 26;

7. in the event of the death or imprisonment.

(6) the Director of the Office:

1. directs, organizes and is responsible for overall business;

2. features of the Secretary of Defense on the staff of the Office schedules;

3. enter into contracts for military service and exercise powers in relation to the adoption, implementation, transition and termination of the military service of military personnel, with the exception of those referred to in art. 25, para. 1, paragraph 1, and shall exercise the powers conferred on the appointing authority and on the employer in respect of civilian personnel of its own accord and an employment relationship under the law on civil servants and the labour code;

4. manage and organize the preparation and qualification of the employees of the Office;

5. organizes and is responsible for the drafting, implementation, and control of the budget report of the Office;

6. seconded for the implementation of tasks by the Office staff in the country and abroad, except in the case of long term secondment in the overseas offices of the Republic of Bulgaria;

7. to manage, organize and control activities in the protection of classified information in the Office;

8. organise inspections related to the activities of the Office;

9. manages and is responsible for the information and storage of operational documentation, and file of the operational report and archive, created at the Office;

10. public contracts awarded in the framework of its competence in the public procurement Act and the regulations for its implementation;

11. manage the State property Office and activities associated with their resursnoto insurance.

(7) in the exercise of its powers under para. 6 the Director of the Office shall issue instructions, orders and injunctions.

Art. 25. (1) the activities of the Director of the Office shall be assisted by Deputy Directors who may be:

1. the officers, who are appointed by the Minister of defence, on a proposal from the Director of the Office, in accordance with the law on defence and the armed forces of the Republic of Bulgaria, or

2. civilian employees are appointed pursuant to the labour code by the Director after consultation with the Office of the Secretary of Defense.

(2) the Director entrusted with writing the implementation of separate functions and powers of the Deputy Directors.

(3) the functions and powers of the Director in his absence shall be performed by a certain with his written order Deputy Director on a case by case basis.

(4) upon release of the Director of the Office or where the Director is the objective inability to perform his duties, the Secretary of defense shall designate one of the Deputy Directors, to perform its functions.

Art. 26. The Director and Deputy Directors of the Office may be appointed persons who:

1. have the only Bulgarian citizenship;

2. possess higher education with educational qualification degree "master";

3. possess 10 years of professional experience in the system for the protection of national security or the armed forces;


4. not have been convicted for intentional serious LY General regardless of rehabilitation, and are not exempt from criminal liability for intentional crimes of a general nature;

5. are not deprived of the right to hold public office;

6. are checked for belonging to the State security and intelligence services of the Bulgarian people's army under the law for access and disclosure of the documents and announcement of the affiliation of Bulgarian citizens to the State security and intelligence services of the Bulgarian people's army and the result of the examination was named under the same law;

7. are cleared for access to EU classified information classified "top secret";

8. do not belong to political parties and/or coalitions or organizations with political goals;

9. are not sole traders, partners, managers, procurators or members of the supervisory and management boards or boards of directors or supervisory bodies of commercial companies, cooperatives or non-profit organizations that are engaged in business activities;

10. are not employed under an employment or service, or the civil contract, except for the implementation of teaching or research.

Section IV

Manual of military intelligence at the operational and tactical level

Art. 27. (1) at the operational level Intelligence is led by the Commander of the joint command of the forces and commanders of the types of armed forces.

(2) tactical level intelligence is run by commanders (heads) of the military units.

(3) in the exercise of his powers under the direction of military intelligence faces the Al. 1 and 2 issue orders, orders and instructions.

Art. 28. (1) for the performance of control functions in carrying out the State policy in the Office and for the prevention and detection of offences, as well as to increase the quality and effectiveness of implementation of the assigned functions and activities in the Office shall be appointed Inspector.

(2) the Inspector is the direct submission of the Director of the Office.

(3) an inspector may be appointed officer who has higher education and work experience of not less than five years in Office.

(4) an inspector may be a serviceman or a civilian employee who is appointed by the Minister of defence, on a proposal from the Director of the Office.

Art. 29. (1) the inspector shall carry out control and other checks at the direction of the Director of the Office or on its own initiative, in consultation with the Director of the Office in respect of:

1. compliance with the regulations and orders of the Secretary of Defense and the Director of the Office;

2. compliance with the internal order and discipline;

3. Prevention and the establishment of a conflict of interest;

4. compliance with the ethical code of conduct for employees;

5. the management and disposal of material resources;

6. terms and conditions for the operation of the financial costs for the implementation of the specific objectives of the Office;

7. working conditions;

8. management of human resources;

9. respect for fundamental rights and freedoms;

10. corruption risks and control measures.

(2) the inspector shall examine the offers, alerts, complaints and applications submitted by natural or legal persons to the Director of the Office, and prepare answers thereon.

(3) the Inspector has no power to carry out financial control with the exception of checks at al. 1, item 5 and 6.

Art. 30. (1) the Director of the Office shall be entitled to order the Inspector does not begin and end the pursuit of specific checks if this will result in access to data for operational intelligence sources, methods and tools, operational activities and intelligence operations.

(2) in the cases referred to in para. 1 the Inspector has the right to report to the Minister of Defense.

Art. 31. (1) the inspector shall report to the Director of the Office for the results of the checks carried out by him and made suggestions and recommendations concerning them.

(2) the inspector shall submit an annual report on the results of the activities of the Secretary of Defense and the Director of the Office.

Art. 32. The organization of activity, types of checks, as well as the conditions and procedures for making them shall be determined by decision of the Council of Ministers.

Chapter four

ACTIVITIES OF THE MILITARY INTELLIGENCE

Section I

Activities of the service "Military information"

Art. 33. The main activities of the Office are:

1. obtaining intelligence information of a military nature, as well as for hybrid forms of war and for asymmetric risks and threats;

2. the carrying out of the information-analytical activity under conditions and by an order determined by decision of the Director of the Office;

3. participation in the Organization and implementation of voennodiplomatičeskata activity;

4. information security and intelligence support of the armed forces of the Republic of Bulgaria and to support the Chief of defence in its activities in planning and management of military intelligence in the Bulgarian army;

5. organizing and implementing special training for its employees;

6. organize and conduct – alone or in cooperation with partner departments, the special operations outside the territory of the country in compliance with the requirements under art. 11;

7. resource provision of the activities of the Office;

8. ensure the security of the Office, its personnel and the protection of classified information, as well as securing the kontrarazuznavatelnoto intelligence activities;

9. a study on the reliability and access to classified information to your employees.


Art. 34. the Office exchange of intelligence, operational cooperation and joint operations with special services and the authorities of other countries and international organizations on the basis of intergovernmental and interdepartmental agreements or contracts or within the coalition activities.

Art. 35. (1) the Office shall establish and maintain its own archive and special filing cabinet for the storage of documents, information and data, as well as the works of employees and collaborators.

(2) the Office shall establish and maintain its own archive and special filing cabinet for the storage of documents, information and data for foreign nationals.

(3) access to records and files are allowed in a row set by order of the Director of the Office.

(4) materials from the archives of the Office representing the historical and scientific value shall be transferred for storage in the State archive in compliance with the provisions of the law on the protection of classified information.

Section II

The provision of and access to the information of the service "Military information"

Art. 36. (1) the Users of the information of the Office are government departments and institutions.

(2) the Office shall provide strategic, operational and tactical information of intelligence structures at NATO and the EU, the intelligence authorities of the Member States of NATO and the EU, and partner services.

(3) the procedure for the provision of information under para. 1 and 2 shall be determined by decision of the Minister of Defense.

Art. 37. (1) the Office shall provide equal in volume and content intelligence:

1. the President of the Republic;

2. the President of the National Assembly;

3. the Prime Minister;

4. the Minister of defence.

(2) the President requires and receives information and advice from the Director of the service "Military information" on issues related to defense and national security.

Art. 38. (1) the Permanent Secretary of defence and the Chief of defence intelligence received in connection with the performance of their duties under the law on defence and the armed forces of the Republic of Bulgaria.

(2) the heads of entities of the direct subordination of the Secretary of Defense, Commander of the joint forces command, commanders of the types of armed forces and commanders/chiefs of military units receive classified intelligence information in accordance with the need-to-know principle.

(3) information documents-reference books, collections, newsletters, bulletin, and other reports shall be supplied to the structures of the armed forces on an estimate approved by the Chief of defence.

(4) not allow the provision of information on sources, methods, means and methods for the extraction of intelligence information and data for the list of the Office and the composition for persons who cooperate with her or she collaborated, as well as information that could jeopardize national security or could damage, or to create a risk of substantial harm to employees, associates or other persons having acquired this information insofar as this is not contrary to the law on access to, and disclosure of the documents and announcement of the affiliation of Bulgarian citizens to the State security and intelligence services of the Bulgarian people's army.

(5) persons admitted to the Office responsible for their wrongful use and disclosure in accordance with the law on the protection of classified information.

Art. 39. the Office shall inform the public of its activities in the order specified by an act of the Minister of Defense.

Chapter five

OFFICIALS IN MILITARY INTELLIGENCE

Section I

Status of staff

Art. 40. (1) the officers in military intelligence are:

1. military personnel;

2. civilian staff in service in accordance with the law for civil servants;

3. civilian staff in the employment relationship.

(2) the status of employees under para. 1 shall be governed in accordance with the law on defence and the armed forces of the Republic of Bulgaria, the regulation for implementation of the law on defence and the armed forces of the Republic of Bulgaria, Civil Service Act, the labour code, this Act and the regulations under art. 17, al. 4.

(3) the officers referred to in para. 1, item 2 and 3 perform functions related to the insurance activities of the Office, which are different from the tasks of military intelligence under art. 12. where appropriate, the Director of the Office may determine which positions and employees under para. 1, 2 and 3 to perform tasks under art. 12.

Art. 41. (1) Employees of the Office in the performance of his duties and can occupy posts below or on the cover.

(2) the requirements for incompatibility under art. 188, para. 2, item 2, 3 and 4 of the law on defence and the armed forces of the Republic of Bulgaria, under art. 7, para. 2, item 2 and 6 of the law on civil servants and in art. 107 a, para. 1, item 2 of the labour code do not apply to servicemen, according to officials from the Office, who occupy posts below or on the cover.

(3) the conditions and procedures for the performance of duties by employees who occupy posts below or the cover shall be determined by the rules of art. 17, al. 4.

Art. 42. (1) Service time, breaks and vacations of servicemen are determined under the conditions and pursuant to the law on defence and the armed forces of the Republic of Bulgaria and of the rules of procedure under art. 17, al. 4, and working time, breaks and vacations of civilian employees under the conditions and pursuant to the law on civil servants, according to the labour code and the regulations of art. 17, al. 4.


(2) the Director of the Office may determine the specific organization of the service time of servicemen and civilians working time of employees whose jobs are in military units or sites located in high-altitude areas outside the settlements, subject to the General rules to ensure healthy and safe working conditions.

(3) the employees who occupy posts below or the cover, use the leave in the amount, under the conditions and in accordance with procedures established for these posts.

(4) the financial relations between the Office and the employees who occupy positions of cover shall be settled under the conditions and in accordance with procedures laid down by the regulation under art. 17, al. 4.

(5) Employees enjoy healing, sanatorialnite and preventive institutions of the Ministry of defence in accordance with the law on defence and the armed forces of the Republic of Bulgaria and the regulations of art. 17, al. 4.

Art. 43. (1) after release from military service or termination of the relationship or civilian employees of the military personnel Office are not allowed without express permission of the Director of the Office or authorised by him to conduct official contacts with individuals, become known to them in or on the occasion of the implementation of the operative investigation activity.

(2) the Servicemen and civilian employees in the exemption from military service or termination of the relationship their declaration under para. 1.

Art. 44. the officers of the military intelligence may refuse the performance of official duties by religious motives.

Art. 45. The Office's employees are required to protect the public and professional secrecy and after their release from military service or termination of the relationship with the Office in accordance with the law on the protection of classified information.

Art. 46. (1) the Office can use polifiziograf to perform verification of applicants for employment and employees.

(2) the verification with polifiziograf is carried out by a specialised body of the Office under the conditions and in accordance with procedures laid down by an act of the Minister of Defense.

Art. 47. The costs of the funeral of deceased servicemen and civilian employees of the Office are at its expense.

Section II

Requirements for entry into service "Military information"

Art. 48. (1) service "Military information" is man alone under the conditions and in accordance with procedures laid down by the regulation under art. 17, al. 4.

(2) an employee who works in the body or authority of the system for the protection of national security, may be appointed to a post in the Office, if it meets the requirements and conditions for its loan, and after the conclusion of a written agreement between it, the Director of the Office and the head of the body and structure, with no due recovery of maintenance costs, training, skills and/or retraining.

Art. 49. (1) The military service in the Office accepted persons responsible of:

1. the requirements of the law on defence and the armed forces of the Republic of Bulgaria;

2. specific requirements laid down by an act of the Minister of Defense.

(2) the adoption of the military service and the appointment to a post in the Office shall be carried out after completion of the selection under conditions and by an order determined by the rules of art. 17, al. 4.

(3) an applicant for acceptance of military service and the appointment to a post in the Office are subject to a psychological examination by a specialised body of the Office under the conditions and in accordance with procedures laid down by an act of the Minister of Defense. The test must be carried out for the establishment of psychological compatibility with the requirements of the relevant field of activity. The Office shall be appointed only candidates who are psychologically compatible with the requirements of the direction of activity.

(4) in the Office of military service shall be adopted and shall be appointed to Office only individuals who are authorized for access by the authority of the Office to the security required for the position level of classified information.

(5) the Bulgarian citizens with dual nationality may be accepted in the Office for the performance of military service or service in the reserve and to be appointed to positions designated by the Minister of defence, subject to the requirements of the Law on the protection of classified information.

(6) the Office may be appointed as officers or civilian staff persons in the immediate hierarchical relationship of command and control with another serviceman or a civilian employee, spouse, relative in a straight line without restrictions, collateral relatives to the second degree inclusive, or by affinity up to the second degree inclusive.

Art. 50. For the implementation of intelligence tasks the Director of the Office may appoint persons who are in employment or service relationships with another employer or appointing authority, as well as releasing them from Office and from the military service.

Art. 51. The initial military training of servicemen, adopted by the Office shall take place under conditions and by an order determined by decision of the Director of the Office.

Art. 52. The management, organisation, providing training and professional qualifications of the servicemen and civilian employees for the purposes of the Office are carried out in compliance with the requirements of this Act and the regulations under art. 17, al. 4.

Art. 53. The preparation of personnel for the needs of the Office is carried out in:

1. higher military schools and military academies in the Republic of Bulgaria and in other countries;

2. the specialised centres of the Ministry of defence;

3. civil higher education institutions in the Republic of Bulgaria and in other countries.


Art. 54. (1) the preparation of personnel for the needs of the Office in high schools and academies in other countries is regulated by an act of the Minister of Defense.

(2) the training of personnel for the needs of the Office for the acquisition of educational qualification degree "master" may be undertaken in the structure to the Military Academy "g. s. rakovski", as her ŝatnata size, personnel, financial and material security for the preparation and training are at the expense of the Office.

Art. 55. (1) for the performance of service and employment in the service shall be adopted persons who satisfy the requirements of the law on defence and the armed forces of the Republic of Bulgaria, the law on civil servants, the labour code and the requirements of art. 49, para. 1, item 2 and al. 4 and 5 of this Act.

(2) in the cases referred to in para. 1 shall not carry out procedures for the notification and conduct of the competitions.

Section III

The appointment and performance of the Office

Art. 56. (1) the Council of Ministers shall, on a proposal from the Minister of defence shall establish the classification of the posts in the service, "Military information", which is published in the "Official Gazette".

(2) Posts for servicemen from classification under para. 1 may be covered by more than one rank.

(3) on the basis of statistical classification under para. 1 the Director of the Office shall draw up and submit to the Secretary of Defense staff schedules to the Office for approval.

Art. 57. The conclusion of a contract for military service, adoption, implementation and termination of the military service of servicemen are carried out by the Director of the Office or authorised by officials under the conditions and in accordance with procedures laid down in the law on defence and the armed forces of the Republic of Bulgaria, this Act and the regulations under art. 17, al. 4.

Art. 58. In the Office of the principal Act shall be appointed Committee, which assists the Director of the Office on issues related to development of service staff. The conditions and procedures for the operation of mandatory screening Committee shall be determined by the rules of art. 17, al. 4.

Art. 59. the adoption of the military service, appointment and dismissal from military service, as well as raising and lowering of the servicemen in military rank shall be carried out by order of the Director of the Office or authorised by officials.

Art. 60. (1) the authority of the appointment of the civil service employees in the Department is the Director of the Office.

(2) employment contracts with civilian employees with an employment relationship shall be concluded, amended and terminated by the Director of the Office or other offices of legal persons within their designated powers.

Art. 61. in exemption from military service of servicemen from the Office service cases kept in the Office.

Section IV

Honors and awards

Art. 62. (1) the officers in military intelligence may be awarded with prizes and awards in accordance with the law on defence and the armed forces of the Republic of Bulgaria, the regulation for implementation of the law on defence and the armed forces of the Republic of Bulgaria and the regulations of art. 17, al. 4.

(2) the Director of the Office may provide for awarding of the Defense Minister and the Chief of defence in coordination with the commanders (heads) of the Bulgarian army officers of their subordinate structures and military units.

Art. 63. (1) the Director of the Office may awarded with prizes and awards of the Office: 1. its employees;

2. Bulgarian and foreign citizens – for special merit or substantial contribution to the fulfilment of the tasks of the Office;

3. retired servicemen, served in the Office.

(2) the conditions and procedure for awarding under para. 1 shall be laid down by the regulation under art. 17, al. 4.

(3) prizes and awards under para. 1 shall be determined by decision of the Director of the Office.

Chapter six

INTERACTION AND COORDINATION

Section I

Coordination and interaction with public authorities and institutions

Art. 64. (1) the coordination and interaction of military intelligence with ministries, security and public order and departments carried out by the Office on the basis of the joint instructions of:

1. the Secretary of Defense and head of the Department;

2. the Director of the Office and the head of the Office for security and public order or Office.

(2) in the performance of her assigned powers the Office can interact and coordinate their activities with the structures under para. 1 in the following areas:

1. Exchange of information and use of information funds;

2. operational interaction;

3. scientific and technical cooperation;

4. preparation of the personnel;

5. logistics security.

Art. 65. Service "Military information" may have official representatives in the structures of the Central Administration and the agencies with which they interact.

Art. 66. (1) the public authorities, organizations, entities and individuals assist the employees of the Office in or on the occasion of the implementation of activities under this law.

(2) in the cases referred to in para. 1 employees identify themselves with a badge under the conditions and procedures laid down in the rules of art. 17, al. 4.

Art. 67. (1) the interaction of intelligence structures in the Bulgarian army with other departments and offices in the country, NATO and the EU is coordinated and carried out by the Office.

(2) Interaction with the intelligence support of the Bulgarian military contingents to international headquarters, is undertaken by the joint command of the force.


(3) the coordination and interaction between the intelligence authorities in the Bulgarian army in the operations carried out by the Commander of the joint command of the forces and the commanders of the armed forces.

Section II

Interaction and coordination with intelligence structures at NATO and the EU, with the intelligence bodies of the Member States of NATO and the EU, and with partner departments

Art. 68. the Office carried out coordination and interaction with the intelligence structures at NATO and the EU, with the intelligence bodies of the Member States of NATO and the EU, and with partner departments of other countries on the basis of:

1. international treaties and agreements to which the Republic of Bulgaria is a party, concluded pursuant to the law on international treaties of the Republic of Bulgaria;

2. the acts of the Council of Ministers to exchange information in the interest of national security and defence;

3. bilateral or multilateral agreements with affiliate offices.

Art. 69. The interaction of the Office with intelligence structures of NATO and the EU, with the intelligence bodies of the Member States of NATO and the EU, and with partner departments of other States shall be effected in the following areas:

1. the exchange of information;

2. obtaining of information;

3. conducting of joint operations;

4. analitiko-predictive;

5. training in specialized schools and educational institutions;

6. scientific and technical cooperation.

Art. 70. The interaction and intelligence support for multinational and joint operations are planned, organized, coordinated and carried out by the joint forces command, and for solo operations — and from the types of armed forces commanders.

Chapter seven

PROVIDING A SERVICE "MILITARY INFORMATION"

Art. 71. (1) the Office shall provide internal security and the protection of classified information by a security authority, which shall carry out the functions of the administrative unit.

(2) the head of the authority under para. 1 and the information security officer.

(3) the information security officer shall be responsible for carrying out the ordinary, advanced and special study on the reliability of the Office's employees and of applicants for service and work in it.

(4) in carrying out the requirements for the certification of automated information systems or networks (AIS or networks), in which it is created, processed, stored and transferred classified information, as well as the requirements for the entry into service of cryptographic security authority networks provide the authority for accreditation of AMS security or networking, respectively of the cryptographic security necessary for the performance of their assigned functions by law information in accordance with the need-to-know principle.

Art. 72. Security the authority carries out its activities alone or in interaction with other departments for security and public order, under conditions and in accordance with procedures laid down by the regulation under art. 17, al. 4.

Art. 73. (1) the financial security of the Office shall be carried out under the General procedure established for the Department of Defense, as the Office's annual budget is approved. Expenditure shall be carried out by means of budgetary subsidy from the budget of the Ministry of defence.

(2) the provision of budgetary resources for the implementation of the specific objectives of the Office and the manner of organization of their v″trešnovedomstveno administration, accountancy and control are determined by an act of the Minister of defence, on a proposal from the Director of the Office.

Art. 74. Staff of the Office the Office and perform the work under specific conditions resulting from the tasks entrusted to them by the legislation in force functions and tasks, receive additional remuneration subject to the conditions and procedures laid down in the law on defence and the armed forces of the Republic of Bulgaria.

Art. 75. (1) the Office builds and maintains its own integrated communications-information system for collection, processing, storage and exchange of information v″trešnovedomstven.

(2) the Office shall develop and use their own cryptographic keys, tools and systems for the protection of the information in accordance with the law and within the limits of its competence.

Art. 76. (1) the Office shall use their own special communications to exchange information with its intelligence agencies.

(2) to exchange information with external organizations, the Office participated in the construction of joint communications and information systems.

Art. 77. (1) for the performance of the tasks assigned to her by this Act powers the Office builds, maintains and uses information funds.

(2) the procedure for the creation, use and closing of funds for information and control over them shall be determined by the rules of art. 17, al. 4.

Art. 78. (1) in information funds may process personal data related to the national security and defence, while their processing:

1. I wish the consent of the individual;

2. the natural person is not informed prior to and during the processing of his personal data;

3. personal data shall not be made available to third parties;

4. personal data shall be stored and after completion of processing in the time limits laid down by the Director of the Office as administrator of personal data.

(2) personal data shall be deleted if there is no longer any reason for their preservation under the law or in the performance of a judicial act.


(3) personal information from information funds may be provided only to the authorities of the system for the protection of national security, as well as to the authorities of the judiciary about the needs of a specific criminal case, as well as foreign bodies – under an international treaty in which the Republic of Bulgaria is a party.

(4) the processing of personal data is carried out under the conditions and in accordance with this law and the law on the protection of personal data.

Art. 79. The procedure for recording, storing, accessing and using information of information funds shall be determined by decision of the Director of the Office.

Art. 80. Resursnoto providing a centralised office supplies and services shall be carried out under the conditions and in accordance with procedures laid down by an act of the Minister of Defense.

Art. 81. By decision of the Director of the Office be scrapped and removed from the basic report material resources and supplies in the Office with the exception of those which are conducted in an individual report of logistical structures of the Ministry of Defense and the Bulgarian army.

Art. 82. the Director of the Office shall determine the type, quantities and manner of storage and use of war of the Office, including the complicated situation, a crisis situation and military conflict.

Art. 83. the Director of the Office shall determine the rules, regulations and limits on fuel consumption, supplies and communication-information services.

Art. 84. (1) the Minister of defense can accommodate free of charge the Office to perform its specific functions and tasks in State-owned properties, which are in the management of the Ministry of defence, under the conditions and in accordance with procedures laid down in the rules for the structure and activities of the service "Military information".

(2) the registration of motor vehicles of the Office is carried out in the order specified in the rules of art. 17, al. 4.

Chapter eight

CONTROL AND ACCOUNTABILITY

Art. 85. On the activities of the military intelligence exercise parliamentary, administrative and judicial review of the measures provided for in the Constitution and in the legislation in force authorities.

Art. 86. The National Assembly carried out parliamentary control over military intelligence, through its Permanent Commission.

Art. 87. the Minister of defence immediately carry out comprehensive control over the activities of the Office.

Art. 88. (1) the realisation of financial control over the formation and expenditure of the budget of the Office shall be carried out by the first stepenniâ officer by budget and other authorities provided for in law.

(2) in the exercise of its powers, authorities and persons who carry out ex ante financial control, internal audit, public financial inspection and external audit, respectively do not control, does not inspect and not audited expenditure of budgetary resources for the implementation of the specific objectives and the related specific activities.

Art. 89. V″trešnovedomstveniât control in the Office shall be managed by the Director of the Office, personally or by officials authorised by him.

Art. 90. the Director of the Office annually provides the Minister of defence a report on the implementation of the tasks entrusted to it, the.

ADDITIONAL PROVISION

§ 1. Within the meaning of this law:

1. "intelligence community of NATO and the EU" is a combination of the intelligence organs of the command structure of NATO and the EU, the Member States of NATO and the EU and partner countries.

2. "body Intelligence" is a structure or military unit, created for the implementation of specific intelligence tasks.

3. "intelligence" is the product obtained after processing and analyzing of the organs of military intelligence of the data and information derived from indoor and outdoor sources.

4. "Intelligence support" is the process of providing the intelligence, national coalition and Allied formations in the course of operations.

5. "special operations" are a complex of activities of intelligence agencies with the use of specific tools, techniques and methods for the extraction of a particularly important (critical) intelligence information that cannot be obtained any other way.

6. "officials in the structures of the Central Administration and agencies" are employees of the Office entrusted with the obligation as ex officio to represent it in the structure of the Central Administration or Office and to carry out the connection and interaction between the Office and the administration.

7. "Partner Services" are the intelligence services of other countries with which a bilateral interaction.

8. the image is a two-dimensional representation of the object, or natural phenomenon formed by using via space, aviation, marine or terrestrial platforms of different types of sensors-optical-electronic, infrared, radar, laser, acoustic, and more.

9. "high-altitude areas" are areas with an altitude above 1500 m.

10. "financial expenditure under art. 29, para. 1, item 6 "are the costs for the implementation of the specific objectives of the Office related to the national security and defence.

TRANSITIONAL AND FINAL PROVISIONS

§ 2. (1) Staff levels, staff names and the basic salaries of officials in service "Military information", with the exception of her subordinate military units shall be assimilated to the staff levels, staff names and basic salaries of civil servants in officially and on the employment relationship by the Ministry.


(2) the status of civilian employees on the service in the service, with the exception of her subordinate military units, shall be governed by this law, the law on defence and the armed forces of the Republic of Bulgaria Act and the civil service, and civilian employees with an employment relationship – with this law, the law on defence and the armed forces of the Republic of Bulgaria and art. 107 (a) of the labour code.

(3) the Director of the service "Military information" grandfathered in on the day of entry into force of the law, hold office until the appointment of the Director of the Office under the conditions and in accordance with this law.

§ 3. In the law on defence and the armed forces of the Republic of Bulgaria (promulgated, SG. 35 of 2009; amend., SG. 74, 82, 93 and 99 from 2009, issue 16, 88, 98 and 101 of 2010, issue 23, 48, 99 and 100 by 2011, 20, 33 and 38 by 2012, issue 15, 66 and 68 from 2013. , PC. 1 and 98 by 2014 and PCs. 14, 24 and 61 by 2015.) make the following changes and additions:

1. In art. 22, para. 2 t. 18 is hereby repealed.

2. Articles 100 and 101 are hereby repealed.

3. Article 166 is repealed.

4. an art. 205:

"Art. 205. (1) the spouse-serviceman of a long-term employee on secondment under the conditions and pursuant to the law on the diplomatic service is entitled to unpaid leave during the term of the expatriate employee.

(2) the spouse-serviceman under para. 1 shall be taken in the order in a special State of the Secretary of Defense during the unpaid leave and after expiry of the period of leave shall be appointed to a post in accordance with the holdings rank and qualifications, and the duration of the military service shall be extended by the period of unpaid leave.

(3) the time of unpaid leave of ruga s″p/wife-serviceman under para. 1 does not count for the actual izsluženo of military service.

(4) the contributions for health insurance of the spouse-serviceman under para. 1 for the time during which are on unpaid leave are at their own expense. "

5. In art. 260, para. 1 the words "art. 163, 165 and 166 "are replaced by" article. 163 and 165.

6. In art. Al 290. 3 is repealed.

§ 4. In the reserve of the armed forces of the Republic of Bulgaria (promulgated, SG. 20 by 2012; amend., SG. 15 and 66 by 2013, no. 98 of 2014 and 14 by 2015) in transitional and final provisions § 3A is created:

"§ 3A. For service "Military information" the terms and conditions of acceptance of Office in the voluntary reserve, conclusion, amendment and termination of the contract for services or for the provision of equipment in the voluntary reserve, reassignment, appointment and dismissal, training, assignment and the rise in military rank of reserve skippers in shall be determined in the rules for the structure and activity of the Office. "

§ 5. (1) within 6 months from the entry into force of the law the Council of Ministers shall adopt regulations for the service "Military information". In the period referred to in the first sentence shall be adopted, respectively issued and other regulations laid down in the law.

(2) pending the adoption of the rules of procedure under para. 1 apply the rules for organisation and operation, the specific terms and conditions of appointment of the staff and the performance and termination of the service in the service, "Military information" (SG. 82 by 2010) and other regulations issued pursuant to the law on defence and the armed forces of the Republic of Bulgaria, in so far as they do not contravene this law.

§ 6. The provisions of this law cannot be interpreted in the sense of limiting the application of the law on access to and disclosure of the documents and announcement of the affiliation of Bulgarian citizens to the State security and intelligence services of the Bulgarian people's army. The authorities referred to in this law shall provide full and unconditional cooperation with the Commission for the disclosure of the documents and announcement of the affiliation of Bulgarian citizens to the State security and intelligence services of the Bulgarian people's army.

§ 7. The implementation of the law is entrusted to the Minister of Defense and the Director of the service "Military information".

§ 8. The law shall enter into force on 1 November 2015.

The law was passed by the National Assembly-43 of 1 October 2015, and on November 5, 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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