Name of law Law amending and supplementing the law on asylum and refugees Named Bill a bill amending and supplementing the law on asylum and refugees date of acceptance 02/10/2015 number/year Official Gazette Decree No 80/2015 198
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
I DECLARE:
To be published in the Official Gazette the law amending and supplementing the law on asylum and refugees, adopted by the National Assembly on HLÌÌI, 2 October 2015.
Issued in Sofia on 14 October 2015.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Hristo Ivanov
LAW
amending and supplementing the law on asylum and refugees (official SG. 54 of 2002; amended 31/2005 30/06, 109 and 52/2007, no. 82/2009, issue 39 of 2011 No. 15 and 66 by 2013 and by 98/2014)
§ 1. In art. 1 is hereby amended as follows:
1. In paragraph 8. 1 the word "special" is deleted.
2. paragraph 2 is replaced by the following: "(2) the protection, which the Republic of Bulgaria provides asylum to foreigners include, international protection and temporary protection."
§ 2. Art is created. 1a:
"Art. 1a. (1) the Republic of Bulgaria shall provide in accordance with this law, international protection and temporary protection.
(2) international protection is provided under the Convention relating to the status of Bejan s, done at Geneva on 28 July 1951, and the Protocol relating to the status of refugees of 1967, ratified by law (promulgated, SG. 36 of 1992; item No. 30 of 1993) (SG. 88 of 1993), the international instruments for the protection of human rights and of this Act, and includes the status of refugee and humanitarian status.
(3) temporary protection is granted in the event of a mass influx of aliens, who are forced to leave their country of origin due to armed conflict, civil war, foreign aggression, violation of human rights or violence in large sizes in the territory of the State concerned or in a separate area from her and that for these reasons not to return there. "
§ 3. Article 2 is amended as follows:
"Art. 2. (1) the President of the Republic of Bulgaria provides asylum in accordance with the conditions laid down his powers in the cases under art. 27, al. 2 of the Constitution, as well as when State interests or particular circumstances so require.
(2) the Council of Ministers granted temporary protection under art. 1 (a), para. 3 introduced by decision of the Council of the European Union. The duration of temporary protection shall be determined by the decision of the Council of the European Union.
(3) the Chairman of the State Agency for refugees provides international protection. "
§ 4. In art. 3, al. 2 the words "the status of refugee, humanitarian status" shall be replaced by "international protection".
§ 5. In art. 4 is hereby amended as follows:
1. In paragraph 8. 3 the words "and/or belief" are deleted.
2. in the Al. 4, the words "applicant" or or "shall be deleted.
§ 6. In art. 6 make the following amendments and additions:
1. In paragraph 8. 1, second sentence, the words "the status of refugee or humanitarian status" shall be replaced by "international protection", and the words "such status" shall be replaced by "such protection".
2. a para. 3:
(3) officials in accommodation centres and conducting proceedings under this Act with foreigners seeking international protection, especially with aliens from the vulnerable group, receive appropriate training concerning their needs. "
§ 7. Article 6a shall be replaced by the following:
"Art. 6. In the application of law paramount has the best interests of the child. The assessment of the best interests of the child shall be carried out in accordance with the provisions of the law for the protection of the child. "
§ 8. In the name of chapter two, the word "particular" is deleted.
§ 9. Article 7 is hereby repealed.
§ 10. Article 8 is amended as follows:
"Art. 8. (1) the refugee status in the Republic of Bulgaria shall be granted to a foreigner who because of well-founded fear of persecution based on race, religion, nationality, political opinion or membership of a particular social group, is outside the country of origin and for these reasons cannot or does not wish to avail himself of the protection of that country, or to return to it.
(2) for the provision of the Statute under para. 1 it is irrelevant whether the alien belongs to these race, religion, nationality, social group, or political opinion expressed, which are at the core of the Chase. It is sufficient that the authority or organisation carrying out the hunt, believing that the alien has such affiliations.
(3) Entities engaged in persecution may be:
1. the State;
2. the parties or organisations controlling the State or a substantial part of its territory;
3. non-State actors, where it can be demonstrated that the actors mentioned in paragraphs 1 and 2, including international organisations, are unable or unwilling to provide protection against persecution.
(4) the Prosecution was violating the fundamental human rights or a set of actions that lead to violations of fundamental human rights, sufficiently serious by their nature or repetition.
(5) action by the prosecution may be:
1. physical or mental violence, including sexual violence;
2. legal, administrative, police or judicial measures which are in themselves discriminatory or applied in a discriminatory manner;
3. the criminal prosecution or punishment, which is disproportionate or discriminatory;
4. denial of judicial protection, resulting in a disproportionate or discriminatory punishment;
5. the criminal prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include the Commission of an offence or the offence under art. 12, al. 1, item 1-3;
6. actions, directed against persons by reason of their gender or against children.
(6) the fear of persecution may be based on events which occurred after the alien has left his country of origin or activity carried out by him after his departure, especially if it is found that this activity represents the expression and continuation of convictions or orientations held in the State of origin, unless it is carried out solely for the purpose of the alien to obtain international protection under this law.
(7) the protection against victimisation can be provided by the State parties or organisations, including international organisations, controlling the State or a substantial part of its territory, provided that they are willing and able to offer effective protection to which the foreigner has access and which nature.
(8) refugee status may not be granted where, in the part of the State of origin there are no reasons for a well-founded fear of persecution against the alien, in which he can safely and legally travel and gain access to this part of the State, as well as can reasonably be expected to be found there.
(9) to be regarded as refugees and family members of the alien granted refugee status, in so far as this is compatible with their personal status and there are no circumstances under art. 12, al. 1.
(10) When a foreigner granted refugee status to conclude marriage with another foreigner, he could obtain refugee status only of own merit. "
§ 11. In art. 9 para. 1-6 are hereby amended:
(1) a humanitarian status is granted to a foreigner who does not qualify for refugee status and who is unable or unwilling to obtain protection from their country of origin, since it can be exposed to a real risk of serious harm, such as:
1. the death penalty or execution, or
2. torture, inhuman or degrading treatment or punishment, or
3. severe threats against life or Leach among civilian person by reason of indiscriminate violence in situations of international or internal armed conflict.
(2) Entities engaged in serious harm under para. 1 may be:
1. the State;
2. the parties or organisations controlling the State or a substantial part of its territory;
3. non-State actors, if it can be demonstrated that the actors mentioned in paragraphs 1 and 2, including international organisations, are unable or unwilling to provide protection against serious harm.
(3) the real risk of serious harm may be based on events which occurred after the alien has left his country of origin or activity carried out by him after his departure, especially if it is found that this activity represents the expression and continuation of convictions or orientations held in the State of origin, unless it is carried out solely for the purpose of the alien to obtain international protection under this law.
(4) the protection against serious harm may be provided by the State parties or organisations, including international organisations, controlling the State or a substantial part of its territory, provided that they are willing and able to offer effective protection to which the foreigner has access and which nature.
(5) a humanitarian status may not be granted when in one part of the country of origin there is a real risk of suffering serious harm the alien, in which he can safely and legally travel and gain access to this part of the State, as well as can reasonably be expected to be found there.
(6) a humanitarian status be granted to family members of the alien with the provided humanitarian status, insofar as this is compatible with their personal status and there are no circumstances under art. 12, al. 2. "
§ 12. Article 11 is hereby repealed.
§ 13. In art. 12 make the following amendments and additions:
1. In paragraph 8. 1:
a) point 4 is replaced by the following:
4. who benefits from the protection or assistance of bodies or entities of the United Nations other than the United Nations High Commissioner for refugees; When such protection or assistance has not ceased and the position of the person is not found, in accordance with the relevant resolution of the United Nations, that person can benefit from the privileges of the Convention relating to the status of refugees of 1951; "
(b)) that are created (6) and (7):
"6. for whom there are reasonable grounds to suspect that a threat to national security;
7. once convicted by a final judgment for a serious crime poses a threat to society. "
2. paragraph 2 is replaced by the following:
"(2) a humanitarian status shall not be granted to a foreigner:
1. for whom there are reasonable grounds to suspect that he has committed any of the acts referred to in paragraph 1. 1, paragraphs 1 and 3;
2. for whom there are reasonable grounds to suspect that he has committed a serious crime;
3. who has committed outside the territory of the Republic of Bulgaria, a crime for which Bulgarian law provides for a prison sentence, and he left his country of origin solely in order to avoid prosecution, unless this endangers the life or his prosecution is inhuman or degrading;
4. to whom there are serious reasons to suppose that constitutes a danger to the community or to national security. "
§ 14. In art. 13 the following modifications are made:
1. In paragraph 8. 1:
and in the text) before item 1, the words "the status of refugee or humanitarian status" shall be replaced by "international protection";
b) in paragraph 2 the words "well-founded fear" are replaced by "legitimate concerns".
2. in the Al. 2 the words "the status of refugee or humanitarian status" shall be replaced by "international protection".
§ 15. In art. 14 the following amendments and supplements shall be made:
1. In the text before point 1, the words "the status of refugee or humanitarian status" shall be replaced by "international protection".
2. In paragraph 2, the words "or the relevant registration-reception centre ' shall be deleted.
3. paragraph 4 shall be inserted:
"4. distort the measure under art. 45A. "
§ 16. In art. 15, para. 1 is hereby amended as follows: 1. In the text before point 1, the words "the status of refugee or humanitarian status" shall be replaced by "international protection".
2. In paragraph 1 the word "fear" is replaced by "concerns".
§ 17. In art. 17, al. 1 is hereby amended as follows: 1. In the text before item 1 the words "Granted refugee or humanitarian status" shall be replaced by "international protection".
2. In paragraph 2, the words "the status" shall be replaced by the "international protection".
§ 18. In art. 22 the words "refugee or humanitarian status" shall be replaced by the words "or international protection".
§ 19. In art. 23 is hereby amended as follows:
1. In paragraph 8. 1 everywhere the word "protection" is replaced by "international protection".
2. in the Al. 2 the word "protection" is replaced by "international protection".
§ 20. In art. 25 the following amendments and supplements shall be made:
1. In paragraph 8. 1 the word "protection" is replaced by "international protection", and the words "appoint a guardian, custodian, respectively, under the conditions and pursuant to the family code" shall be replaced by ' representative is appointed by the municipal administration, appointed by the Mayor of the municipality or of the authorized officer thereof ".
2. a new paragraph. 2:
"(2) when a minor alien searching for or received international protection, accompanied by an adult responsible for him/her whether by law or custom, this adult shall be appointed by the authority under para. 1 for his representative. "
3. a new paragraph. 3:
"(3) the representative of a minor alien searching for or received international protection until the age of maturity of the person has the following powers in proceedings under this law:
1. to take care of the legal interests in proceedings under the provision of international protection to their completion with the decision which has entered into force;
2. to represent him in front of all administrative bodies, including social, health, educational and other institutions in the Republic of Bulgaria with a view to the protection of the best interests of the child;
3. to perform the role of a procedural representative in all proceedings before administrative authorities;
4. to take action for the provision of legal aid. "
4. The current paragraph. 3 it al. 4 the word "protection" is replaced by "international protection".
5. Paragraph 5 shall be repealed.
§ 21. In art. 26 the following amendments and supplements: 1. Paragraph 1 shall be amended as follows: ' (1) the minor aliens seeking or receiving international protection are entitled to primary and secondary education, including vocational education and vocational training, under the conditions and by the procedure for Bulgarian citizens. "
2. paragraph 2 is replaced by the following: "(2) Foreigners who have received international protection have access to primary and secondary education, including vocational education and vocational training, under the conditions and by the procedure for Bulgarian citizens."
3. Al are created. 3, 4 and 5:
(3) access to the education system for minor aliens seeking or receiving international protection could not be postponed for more than three months from the date of filing of the application for international protection.
(4) the right to education of persons seeking international protection, or in State and municipal schools is carried out under conditions and by an order determined by the Minister of education and science, in consultation with the Chairperson of the State Agency for refugees.
(5) beneficiaries of international protection who cannot present documents attesting to their qualifications, and wish to pursue a regulated profession in the Republic of Bulgaria may gain access to the exercise of a profession in accordance with the law for the recognition of professional qualifications. "
§ 22. In art. 27 the word "Statute" shall be replaced by "international protection".
§ 23. In chapter IV, section II (c) the name of the word "protection" is replaced by "international protection".
§ 24. In art. 29 following amendments and supplements shall be made:
1. In paragraph 8. 1: a) a new paragraph 2: "2. to move on the territory of the Republic of Bulgaria;
(b)) the current item 2, 3, 4, 5, 6 and 7 shall become item 3, 4, 5, 6, 7 and 8.
2. in the Al. 2 anywhere the word "Statute" shall be replaced by "international protection", and the words "6 and 7 ' shall be replaced by" 7 and 8 ".
3. Paragraph 3 is replaced by the following:
"(3) the alien has a right of access to the labour market, including to participate in programmes and projects financed from the State budget or by international or European funding, if the production is completed within three months of submission of the application for international protection due to reasons of force majeure."
4. in the Al. 4 creating the third sentence: "During the medical examination, consideration shall be given to whether the alien seeking international protection, belongs to a vulnerable group and if there are special needs."
5. Create a new para. 5 and 6:
"(5) the medical examination shall be carried out at health clinics to territorial divisions. The business of health care practices may be carried out by a doctor, nurse or paramedic.
(6) health offices carry out activities by:
1. initial studies on registration of persons applying for protection;
2. constant medical supervision;
3. the provision of medical first aid;
4. control over the conditions of persons;
5. monitoring of compliance with hygiene requirements;
6. preparing and maintaining medical records for any person. "
6. The current paragraph. 5 it al. 7 and shall be replaced by the following: "(7) the rights under paragraph 1. 1, item 3 and 4 shall not be granted to a foreigner who does not belong to a vulnerable group and:
1. file a subsequent application for international protection;
2. for whom the proceedings on the application for international protection is stopped. "
7. The current paragraph. 6 it al. 8.
8. The current paragraph. 7 it al. 9 and is replaced by the following:
"(9) unaccompanied minors or underage foreigners stay until the age of majority in:
1. a family of relatives or loved ones, family, social service – resident type, or in a specialized institution under the conditions and by the procedure of the law for the protection of the child;
2. other properties with special conditions for minors. "
9. Al are created. 10 and 11:
(10) in determining the place of accommodation of unaccompanied minor or a juvenile is taken into account his opinion. As far as possible, the brothers and sisters stay together, taking into account the best interests of the child.
(11) the right referred to in paragraph 1. 1, item 1 is not used alien after his subsequent application for international protection under art. 13, para. 1, item 5 is rejected by a final decision, as well as an alien who is subject to extradition or transfer in another Member State of the European Union, or in a third country in application of the law on extradition and the European arrest warrant. "
§ 25. In art. 30 is made the following changes and additions:
1. The current text becomes paragraph 1 and in it:
a) point 5 is replaced by the following: "5. not to change the address defined by the procedure of art. 29, para. 8, without permission from the State Agency for refugees; "
(b)) a new point 7:
7. do not intrude in areas designated by the Chairman of the State Agency for refugees or an official authorised by him; "
in previous item) 7, 8 and 9 shall become item 8, 9 and 10;
d) creates is 11:11. not to leave the designated area. "
2. Al are created. 2 and 3:
"(2) an alien seeking international Zack Rila, is allowed to leave the designated area or going into areas under para. 1, item 6 or 7 with the permission of the Chairman of the State Agency for refugees or an official authorised by him.
(3) the refusal of permission to leave the area or to enter areas under para. 1, item 6 or 7 is refused. Permission is not required when the alien seeking international protection, have to appear before a court or before an administrative authority is in need of specialized medical help. "
§ 26. Article 30 (a) shall be replaced by the following:
"Art. 30. In implementing the provisions of this section shall take into account the special situation and special needs of foreigners by vulnerable group. "
§ 27. In art. 31 is made the following changes and additions:
1. a para. 1: ' (1) the alien shall be informed of the rights and obligations arising from the international protection in plain language. "
2. The current text becomes paragraph and 2 shall be replaced by the following:
(2) Foreigners in the Republic of Bulgaria with granted asylum have equal rights and obligations of persons granted refugee status. "
§ 28. In art. 32 make the following amendments and additions:
1. Paragraph 2 shall be replaced by the following: "(2) an alien with a given humanitarian status has the rights and duties of the alien with permanent residence in the Republic of Bulgaria."
2. in the Al. 3 the words "granted refugee or humanitarian status" shall be replaced by "international protection", and the words "the status" shall be replaced by "international protection".
3. a para. 5: "(5) Foreigners with protection can be included in the programmes and projects containing measures for integration, under the conditions and by the procedure provided for therein."
§ 29. Article 33 shall be amended as follows:
"Art. 33. Unaccompanied minors or underage foreigners received international protection accommodated until the age of majority in:
1. a family of relatives or loved ones, family, social service – resident type, or in a specialized institution under the conditions and by the procedure of the law for the protection of the child;
2. other properties with special conditions for minors. "
§ 30. In art. 34 following amendments and supplements shall be made:
1. In paragraph 8. 1 the words "granted refugee or humanitarian status" shall be replaced by "international protection".
2. in the Al. 4, the words "granted" are replaced by "international protection".
3. in the Al. 9 creating the second sentence: "the search is carried out under conditions of confidentiality, when circumstances so require."
§ 31. Article 35 shall be replaced by the following:
"Art. 35. Alien with international protection is required within 14 days of receipt of the decision to grant international protection to appear in the municipality of the locality in which it is established, to be entered in the population register. "
§ 32. Article 36 shall be deleted.
§ 33. In art. 37 the words "granted refugee or humanitarian status" shall be replaced by "international protection".
§ 34. Art is created. 37A:
"Art. 37. (1) The foreigners with granted asylum or international protection in the Republic of Bulgaria proposes the conclusion of the agreement for integration, setting out their rights and obligations as well as rights and obligations of the respective State or municipal authorities.
(2) the conditions and the procedure for the conclusion, performance and termination of this agreement under paragraph 1. 1 shall be determined by an Ordinance adopted by the Council of Ministers. "
§ 35. Article 38 shall be replaced by the following: "art. 38. An alien granted with asylum or international protection may acquire Bulgarian citizenship under the conditions and pursuant to the law on Bulgarian citizenship. "
§ 36. In art. 39 the following modifications are made:
1. Paragraph 4 is replaced by the following:
"(4) unaccompanied minors or underage foreigners benefiting from temporary protection, stay in:
1. a family of relatives or loved ones, family, social service – resident type, or in a specialized institution under the conditions and by the procedure of the law for the protection of the child;
2. other properties with special conditions for minors. "
2. in the Al. 5 everywhere the word "Statute" shall be replaced by "international protection".
§ 37. In art. 40, para. 2 Add "within three days from the date of registration of the alien seeking international protection".
§ 38. In art. 41, para. 1, 2, 3 and 4, the word "Statute" shall be replaced by "international protection".
§ 39. In art. the following 44 amendments:
1. In paragraph 8. 1 item 11 shall be amended as follows:
11. current address and the area defined by the Chairman of the State Agency for refugees. "
2. in the Al. 2, item 6 the word "rule" shall be replaced by "of course".
3. in the Al. 3, after the words "art. 30, "added al. 1. "
§ 40. In chapter IV, section V is created with art. 45 a-45 is:
' Section V
Measures applicable to foreigners seeking international protection
Art. 45. For a timely examination of the application for international protection or to ensure the participation of the alien seeking such protection, the Chairman of the State Agency for refugees or an official authorised by him may order compulsory appearance of the alien every two weeks during the proceedings before the Agency official.
Art. 45 (b) (1) where, cannot be effectively implemented the measure under art. 45 and after consideration of the circumstances in the present case, a foreigner seeking international protection, may be accommodated temporarily and for as short a time as possible in a closed centre type:
1. to establish or verify his identity or nationality;
2. to establish the facts and circumstances on which it is based, the application for international protection, where this cannot be done in a different way and there is a danger that the foreigner to abscond;
3. where necessary for the protection of national security or public order;
4. for establishing the State responsible for examining an application for international protection and transfer of alien in the competent State, and when there is a serious danger that the foreigner to abscond.
(2) an alien seeking international Zack Rila, cannot be accommodated in a closed centre type only on the grounds that it has submitted an application for international protection.
Art. 45. (1) the Alien seeking international protection in Center gated by reasoned decision of the President of the State Agency for refugees or the official authorised by him.
(2) the decision on para. 1 shall be taken after consideration of the alien's affiliation to the vulnerable group.
(3) the decision on para. shall be issued in writing and shall contain the factual and legal bases for the placement, order and time-limit for appeal, as well as the ability to provide free legal assistance and representation.
(4) a copy of the decision shall be served by the order of art. 76.
(5) the decision of the authority under para. 1 may be appealed pursuant to the administrative code, as the complaint did not stop its implementation. The Court's decision is final.
Art. 45. (1) the accommodation in the Centre of the closed-ended type continues to bounce on the basis of art. 45 (b), para. 1.
(2) the Director of the Centre, in which is housed a foreigner seeking international protection, carried out on a monthly basis to check for the existence of the grounds for the accommodation and report them to the Chairman of the State Agency for refugees or an official authorised by him.
(3) the Chairman of the State Agency for refugees or an official authorised by him shall review the decision on the accommodation under art. 45 in, al. 1 where new data and circumstances, or at the request of the alien seeking international protection and by a reasoned decision within 7 days.
(4) the decision referred to in paragraph 1. 3 may be appealed pursuant to the administrative code, as the complaint did not stop its implementation. The Court's decision is final.
(5) failure to complete the proceedings within the time limit under this law through no fault of the alien seeking international protection cannot be the basis for the continuation of the accommodation in the Centre of closed type.
(6) where the administrative or judicial order, it is established that the accommodation in the Centre of closed type is illegal, the alien shall be released immediately.
(7) Aliens seeking international protection, are moved from one centre to another only when necessary. In these cases, notify the persons who provide them with legal assistance.
Art. 45 (1) Foreigners seeking international protection accommodated in centres of closed type, have the right to:
1. access to open spaces;
2. visits by members of their families;
3. respect for their privacy;
4. meetings with persons that provide legal assistance and representation, representatives of non-profit organizations and international organizations;
5. information on the internal regulations of the Centre, as well as of their rights and obligations; the information is provided in a language they understand.
(2) restrictions on rights under para. 1 shall be allowed only when this is necessary for the provision of security, public order or administrative management of the Centre, provided that access is not significantly limited or impossible.
(3) in relation to aliens from the vulnerable group, which are housed in the Centre of the closed-ended type, monitor and, if necessary, ensure appropriate assistance to their special situation.
Art. 45. (1) the minor aliens seeking international protection, can be accommodated in the centres of zat vorenus type only as a last resort in order to maintain the integrity of the family and to ensure their protection and security, for the shortest possible time, taking every effort for their placement in appropriate places for them.
(2) The minor aliens seeking international protection accommodated in centres of the State Agency for refugees, providing access to education and opportunity to engage in leisure activities, including games and activities suitable for their age.
(3) check-in centers of the State Agency for refugees is subject to the principle of preserving the integrity of the family.
(4) in the centers of the State Agency for refugees, foreigners seeking international protection, female are accommodated separately from male, unless they are members of a family and have given lasieto for I have. "
§ 41. In art. 47 following amendments and supplements shall be made:
1. In paragraph 8. 2:
a) point 1 shall be amended as follows:
"1. the transit centres – for registration, accommodation, medical research and the conduct of proceedings for establishing the State responsible for examining an application for international protection, and the accelerated production of foreigners seeking protection; If necessary, conduct and proceedings for the granting of international protection to aliens; "
(b) in item 2) all over the word "Statute" shall be replaced by "international protection";
in) point 3 shall be repealed.
2. a new paragraph. 4:
"(4) the centres referred to in paragraph 1. 2 can be of open or closed type. In the centers of the open type can be created individual separate units for unaccompanied minor aliens seeking international protection, as well as individual separate units or parts of closed type.
3. The current paragraph. 4 it al. 5.
§ 42. In art. 48 the following modifications are made:
1. In paragraph 8. 1:
a) in paragraph 1 the words "refugee status and humanitarian status" shall be replaced by "international protection";
b) in paragraph 2 the word "Statute" shall be replaced by "international protection";
in) in item 4 the words "the status" shall be replaced by "international protection", and the words "granted refugee or humanitarian status" are replaced by "provided such protection";
(d) in item 11) the word "protection" shall be deleted and the word "Statute" shall be replaced by "international protection".
2. in the Al. 3, paragraph 3, the word "protection" is replaced by "international protection".
§ 43. In art. 51, para. 2 the words "art. 29, para. 4 – 7 ' shall be replaced by "art. 29, para. 4 and al. 7-11, with the exception of decisions on accommodation in centres of closed type ".
§ 44. In art. 52, after the words "art. 48, para. 1, item 1 – 4 and 6 "shall be inserted" and art. 53, t. 12, "and the word" Statute "shall be replaced by" international protection ".
§ 45. In art. 53 following amendments and supplements shall be made:
1. point 1 shall be amended as follows:
1. arrange the adoption and temporary accommodation of foreigners applying for international protection, assistance to adapt them to the Bulgarian conditions, in cooperation with the Bulgarian Red Cross and other non-governmental organizations and organized a Bulgarian language courses in conjunction with the Ministry of education and science; '.
2. In paragraph 4 the word "Statute" shall be replaced by "international protection" and after the words "or granted" insert "a".
3. In paragraph 13, the word "Statute" shall be replaced by "international protection".
§ 46. In art. 54, para. 1 and 2, the word "protection" is replaced by "international protection".
§ 47. In art. 58 following amendments and supplements shall be made:
1. In paragraph 8. 3 the word "Statute" shall be replaced by "international protection".
2. in the Al. 5, the words "refugee status and humanitarian status" shall be replaced by "international protection".
3. in the Al. 6 the words "should be proceed in a language they understand" shall be replaced by ' shall be informed in writing in plain language "and the second sentence:" when the circumstances so require, this information may be submitted orally. "
4. Paragraph 7 shall be amended as follows:
(7) on receipt of a request for the grant of protection, the competent authorities must require a written statement of the State Agency for national security, which shall be taken into account when deciding on the total line. An opinion is not required in the cases under art. 68. "
§ 48. In art. 59, para. 1 the word "status" shall be replaced by "international protection".
§ 49. In art. 60, para. 1 the word "status" shall be replaced by "international protection".
§ 50. In art. 61, para. 2 the word "Statute" shall be replaced by "international protection".
§ 51. In art. 63 the following modifications are made:
1. In paragraph 8. 1 the word "status" shall be replaced by "international protection".
2. in the Al. 4 the word "protection" is replaced by "international protection".
§ 52. In art. 63 and following amendments and supplements shall be made:
1. In paragraph 8. 1, second sentence, the word "Statute" shall be replaced by "international protection".
2. paragraph 2 is replaced by the following: "(2) the alien is obliged to present all the evidence in support of an application for international protection to resolve it, as in the case you don't present them, judging is done without this evidence."
3. Paragraph 3 is replaced by the following: "(3) with the alien interview is held, at which the audio or audio-visual recording and shall be drawn up. At the start of the interview, the alien shall be informed of the implementation of audio or audio-visual recording. The minutes of the interview and audio or audiovisual recording are an integral part of the personnel file of the alien. "
4. a new para. 4:
"(4) the authority shall conduct additional interviews the interviewer if necessary to meet the needs of the production."
5. The current paragraph. 4 it al. 5 and the word "Statute" shall be replaced by "international protection".
6. The current paragraph. 5 it al. 6.
7. The current paragraph. 6 it al. 7 and in her words "language, which can be considered, that the alien" are replaced with "plain language".
8. the Previous para. 7, 8 and 9 shall become paragraph 8, 9 and 10.
§ 53. In art. 65, first sentence anywhere the word "status" shall be replaced by "international protection".
§ 54. In art. 66, para. 1 the word "status" shall be replaced by "international protection".
§ 55. In art. 67 al. 2 shall be replaced by the following: "(2) the Compulsory administrative measures referred to in paragraph 1. 1 shall be revoked when the alien is granted asylum or international protection. "
§ 56. In chapter six, in the name of section Ia word "status" shall be replaced by "international protection".
§ 57. In art. 67 a, para. 2, item 1 and al. 3 the word "Statute" shall be replaced by "international protection".
§ 58. In art. 67 (b), para. 1 the word "status" shall be replaced by "international protection".
§ 59. In art. 67 c, point 1 and 2, the word "Statute" shall be replaced by "international protection".
§ 60. In art. 67 e, para. 2 the word "Statute" shall be replaced by "international protection".
§ 61. In art. 68, para. 1, paragraphs 1 and 3, para. 2 and 3 the word "Statute" shall be replaced by "international protection".
§ 62. In art. 70, para. 5, the words "article. 63A, al. 5 ' shall be replaced by "art. 63A, al. 6. "
§ 63. In art. 71, para. 1 and 2, the word "Statute" shall be replaced by "international protection".
§ 64. In art. 72, para. 1, item 3 and para. 2, item 1, 3 and 5, the word "Statute" shall be replaced by "international protection".
§ 65. In art. 73, first sentence, the word "Statute" shall be replaced by "international protection".
§ 66. In art. 75 following amendments and supplements shall be made:
1. Paragraph 2 shall be replaced by the following:
"(2) in deciding the application for international protection shall consider all relevant facts, declarations or documents related to the personal circumstances of the applicant, with his country of origin or with the possibility to benefit from the protection of another State whose nationality he could acquire, including whether the applicant has pursued activities whose sole purpose is to get international protection."
2. a new paragraph. 3:
"(3) When the applicant's claims are not backed up with evidence, they shall be deemed to be credible, if it is a genuine effort to substantiate his claim, gave a satisfactory explanation regarding any lack of evidence and statements are considered consistent and credible. The lack of sufficient data on victimization, including due to the omission of the interview referred to in art. 63A, al. 6 may not be grounds for refusal to grant international protection. "
3. The current paragraph. 3 it al. 4.
§ 67. In art. 76 is hereby amended as follows:
1. In paragraph 8. 1 the word "protection" is replaced by "international protection", and the word "rule" shall be replaced by "of course".
2. in the Al. 2 the word "protection" is replaced by "international protection".
§ 68. In chapter six, in the title of section IV, the words "the status" shall be replaced by "international protection", and the words "granted" are replaced by "international protection".
§ 69. In art. 77 is hereby amended as follows:
1. In paragraph 8. 1 the word "status" shall be replaced by "international protection".
2. in the Al. 2 the word "protection" is replaced by "international protection".
3. in the Al. 3 the word "Statute" shall be replaced by "international protection".
§ 70. In art. 78 is hereby amended as follows:
1. In paragraph 8. 1 the words "status" are replaced by "provided international protection".
2. in the Al. 2 the word "Statute" shall be replaced by "international protection".
3. in the Al. 3 the word "Statute" shall be replaced by "international protection".
4. in the Al. 4 the word "Statute" shall be replaced by "international protection", and the words "art. 75, para. 3 "shall be replaced by" art. 75, para. 4. "
5. in the Al. 5 and 6 the word "Statute" shall be replaced by "international protection".
§ 71. In art. 79 the following modifications are made:
1. In paragraph 8. 1 the words "the status" shall be replaced by "international protection", and the words "granted" are replaced by "international protection".
2. in the Al. 4 the word "Statute" shall be replaced by "international protection".
§ 72. In art. 82, para. 3 the word "Statute" shall be replaced by "international protection".
§ 73. In art. 87, after the words "art. 75, para. 1, 2 and 4 "is added" art. 77, para. 3. "
§ 74. In art. 99 the word "Statute" shall be replaced by "international protection".
§ 75. In § 1 of the additional provisions are made the following amendments and additions:
1. In paragraph 2, the word "particular" is deleted.
2. paragraph 3 establishes a point (d): "(d)) or other parents an adult member of the family, which is responsible by law or custom, for her nevst″pilo in marriage a person granted international protection."
3. In paragraph 5, the words "article. 10, para. 1 of Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted "are replaced by" article. 10 (1) of the directive 2011/95/EC of the European Parliament and of the Council on standards for the qualification of third country nationals or stateless persons as persons of international protection of the single status of refugees or of persons eligible for subsidiary protection and the content of the protection granted (OJ, L 337/9 of 20 December 2011).
4. Point 6 is replaced by the following: "6." subsequent application "is a request for the grant of international protection in the Republic of Bulgaria that the alien shall submit, once you have terminated or withdrawn international protection or production for the provision of international protection in the Republic of Bulgaria has ended with the decision which has entered into force and the alien has not left the territory of the Republic of Bulgaria."
5. Point 7 is replaced by the following:
"7." country of origin "means the country or countries of nationality the foreigner or stateless person – the country of his former habitual residence."
6. in item 9: a) in text before paragraph (a), the word "Statute" shall be replaced by "international protection";
b) in paragraph (a), the words "or belief" shall be deleted;
c) in point (d), the word "protection" is replaced by "international protection".
7. item 10 are created-17: "10." Application for international protection "means a request for protection of a foreigner to the Republic of Bulgaria.
11. the "Best interests of the child" is a concept within the meaning of § 1, item 5 of the additional provisions of the law for the protection of the child.
12. "Centre of open type" is a territorial unit of the State Agency for refugees with free mode.
13. "the Center" is a territorial unit of the State Agency for refugees, in which the right of free movement of residents in it aliens seeking international protection is limited.
14. "Zone" is determined by the Chairman of the State Agency for refugees administrative area, which the foreigner seeking international protection, may leave and which gives ample opportunity for movement to ensure the exercise of the rights under this law.
15. "a serious risk of absconding alien" exists where in view of the factual data can make an educated guess that the alien would try to abscond. Such data may exist when the foreigner: could not be found on the permissions address, he left without permission, his designated area or center of accommodation, did not appear without reasonable grounds before an official of the State Agency for refugees in the implementation of the measure applied under art. 45A, it broke the ban on entry into the border zone, he made an attempt to leave or left the country, as well as other data.
16. "a foreigner seeking international protection with special needs" means a person of a vulnerable group in need of special guarantees in order to benefit from the rights and to carry out its duties under this Act.
17. the "vulnerable group" persons are minors or minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of trafficking, persons with severe health problems, persons with mental disorders and persons who have suffered torture, rape or other serious forms of psychological, physical or sexual abuse. "
Additional provision
§ 76. This law introduces the requirements of Directive 2011/95/EC of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third country nationals or stateless persons as persons of international protection for a uniform status for refugees and persons eligible for subsidiary protection and the content of the protection granted and the requirements of Directive 2013/33/EC of the European Parliament and of the Council of 26 June 2013 (d) establishing standards for the reception of applicants for international protection (OB, L 180/96 of 29 June 2013).
Transitional and final provisions
§ 77. Initiated prior to the entry into force of this Act, the proceedings shall be interrupted in the previous row.
§ 78. In the law on foreigners in the Republic of Bulgaria (promulgated, SG. 153 of 1998; amend., SG. 70 (1999), no. 42 and 112 of 2001, 45/54 and 2002/37 and 103 of 2003 No. 37 and 70 by 2004, issue 11, 63 and 88 of 2005, no. 30 and 82 of 2006. , PC. 11, 29, 52, and 63 of the 109 2007, PCs. 13, 26, 28 and 69 since 2008, PCs. 12, 32, 36, 74, 82, 93 and 103 of 2009, PCs. 73 by 2010, PC. 9 and 43 from 2011, issue. 21 and 44 by 2012 PCs. 16, 17, 52, 68 and 70, 108 by 2013, PCs. 53 by 2014 and PCs. 14 by 2015.) make the following changes and additions:
1. In art. 33 h:
(a)) in the Al. 5, the words "the status of" are replaced by "provided";
(b)) in the Al. 6 the words "granted" are replaced by "provided";
in) in the Al. 7 the word "Statute" shall be replaced by "presence";
(d)) in the Al. 8 the words "status of ' shall be deleted.
2. In art. 33 and:
(a)) in the Al. 4, the words "the international protection status is not revoked" are replaced by "provided international protection is not taken away";
(b)) in the Al. 5, the words "granted" are replaced by "provided".
3. In art. 44 create al. 12:
"(12) placement in special homes for temporary accommodation of foreigners shall not be terminated when there are reasonable grounds to suspect that the alien has submitted a subsequent application for international protection for the sole purpose of to delay or impede the implementation of the imposed coercive administrative measure under art. 39A, al. 1, 2 or 3. Continuation of accommodation subject to appeal in accordance with art. 46A. "
4. In art. 45, para. 3 the word "Statute" shall be replaced by "international protection".
5. § 1 of the additional provisions item 13 shall be amended as follows:
13. "international protection" is a concept within the meaning of the law on asylum and refugees. "
6. Everywhere in the law the word "special" is deleted.
§ 79. In the law on Bulgarian identification documents (official SG. 93 of 1998; amend., SG. 53, 67, 70 and 113 of 1999, no. 108 of 2000, 42/2001 and 45/54 by 2002, no. 29 and 63 of 2003, no. 96, 103 and 111 in 2004, no. 43, 71, 86, 88, and 105 by 2005. , PC. 30, 82 and 105, 2006, issue. 29, 46 and 52 of 2007, PC. 66, 88 and 110 in 2008, PCs. 35, 47, 82 and 102 of 2009, PCs. 26 and 100 by 2010, PC. 9 and 23 of 2011; Decision No. 2 of the Constitutional Court by 2011-PCs. 32 by 2011; amend., SG. 55 by 2011, issue. 21, 42 and 75 by 2012 PCs. 23 and 70 in 2013, PCs. 53 by 2014 and PCs. 14 by 2015.) the following modifications are made:
1. In art. 59, para. 1, item 1, the words "within five years" shall be replaced by "three to five years".
2. In art. 63A, al. 4, the words "a guardian or custodian" shall be replaced by "or the authorized agent of the municipality.
3. In art. 63 b, para. 2 the words "guardian or custodian" shall be replaced by "or the authorized agent of the municipality.
§ 80. In the law for the recognition of professional qualifications (official SG 13 of 2008, amend., SG. 41 and 74 from 2009, no. 98 of 2010, issue 8, 9, 43 and 61 by 2011, no. 68 from 2013 and 21 from 2014) in art. 29 para. 3:
"(3) the authority under recognition request the applicant to undergo an adaptation period lasting up to 5 years and pass an exam for the recognition of competence in cases where the applicant is a person of international protection and is unable to provide the proof referred to in art. 28, para. 2. "
§ 81. The Education Act (official SG. 86 of 1991; amend. 90/1996, no. 36, 124, and 153 of 1998 No. 67 and 68 (1999), no. 90 and 95 of 2002, no. 29, 71, 86, and 114 from 2003, no. 40 of 2004, no. 28, 94, 103 and 105 by 2005. , PC. 41 and 105, 2006, issue. 113 of 2007, PC. 50 by 2008, PCs. 35, 36 and 74 from 2009, PCs. 50 and 78 from 2010, PC. 9, 23 and 99 from 2011, issue. 102 by 2012 PCs. 68, 84 and 109 from 2013 and St. 61 by 2014) in the additional provisions § 4 b is created:
"§ 4 b. (1) The minor aliens seeking or obtained international protection in accordance with the law on asylum and refugees who are subject to compulsory pre-school preparation and of compulsory schooling is provided free training in State and municipal schools in the Republic of Bulgaria.
(2) the persons referred to in para. 1 who can not submit a document certifying completed preparatory group, grade or level of education, are accepted for training in the appropriate class according to the age of the person.
(3) training is conducted in schools designated by the chiefs of regional inspectorates of education.
(4) in schools, which train the persons referred to in para. 1, provides additional intensive training in Bulgarian language and further training in the educational aspects of the curriculum for compulsory pre-school preparation and in academic subjects by the compulsory preparation of school curricula.
(5) the resources necessary for the conduct of training in the Al. 4 plan for the central budget. The same are available on budget relationships with primary budget spenders, funding schools under para. 3, on the proposal of the Minister of education and science. "
§ 82. In the Health Act (promulgated, SG. 70 by 2004; amend., SG. 46, 76, 85, 88, 94 and 103 by 2005, issue 18, 30, 34, 59, 71, 75, 81, 95 and 102 in 2006, issue 31, 41, 46, 53, 59, 82 and 95 (2007), no. 13, 102, and 110 in 2008, issue 36, 41, 74 , 82, 93, 99 and 101 of 2009, PCs. 41, 42, 50, 59, 62, 98 and 100 by 2010, PC. 8, 9, 45 and 60 by 2011, issue. 38, 40, 54, 60, 82, 101, and 102 from 2012, PCs. 15, 30, 66, 68, 99, 104 and 106 by 2013, PCs. 1, 98 and 107 by 2014 and PCs. 9 by 2015.) in chapter two, section V creates art. 63A:
"Art. 63. (1) in the event of a crisis situation, including the mass influx of foreigners seeking protection on the territory of the Republic of Bulgaria, and in the event of risk to public health, the Minister of health may order measures and activities for the protection of public health, a variety of measures and activities under this section.
(2) the measures and activities referred to in para. 1 be coordinated at national level by the main State health inspector, is carried out by regional health inspections in the territory of which are revealed the accommodation, and are financed from the State budget. "
§ 83. The law shall enter into force on the day of its publication in the Official Gazette, with the exception of § 40, which shall enter into force from 1 January 2016.
The law was adopted by 43-National Assembly on 2 October 2015, and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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