Law On Management And Operation Of The System For The Protection Of National Security

Original Language Title: Закон за управление и функциониране на системата за защита на националната сигурност

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15270/

Name of law law for the management and operation of the system for the protection of national security bill name Bill for management and operation of the system for the protection of national security date adopted 29/07/2015 number/year Official Gazette 61/2015 Decree No 156

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 for management and operation of the system for the protection of national security, adopted by the National Assembly on 29 HLÌÌI July 2015.

Issued in Sofia on 31 July 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

for management and operation of the system for the protection of national security

Chapter one

GENERAL

Art. 1. This law shall govern the management and operation of the system for the protection of the national security of the Republic of Bulgaria and the control of it.

Art. 2. National Security is a dynamic state of society and the State, which protected the sovereignty, territorial integrity and constitutional order of the country, when you are guaranteed the democratic functioning of the institutions and fundamental rights and freedoms of citizens, with the result that the nation retains and increases their well-being and development, as well as when the country successfully defended their national interests and realize their national priorities.

Art. 3. (1) a system for the protection of national security is made up of State bodies and bodies which carry out diplomatic, defense, intelligence, an, operative investigation, law enforcement and security activity and which are represented in the Security Council to the Council of Ministers.

(2) national security entails and requires: 1. analysis of the specificities and dependencies in the Middle for security and early warning of risks;

2. prevention, reduction and prevention of risks;

3. countering threats and attacks;

4. crisis management and resolution;

5. the identification, designation and protection of critical infrastructure.

(3) the tasks and activities of the organs and structures in the Al. 1 are governed by separate laws.

(4) the authorities and bodies referred to in paragraph 1. 1 for the protection of national security are engaged:

1. cooperation and coordination in carrying out their activities and in the performance of specific tasks;

2. cooperation with other government bodies and organizations, bodies of local self-government, legal persons and citizens;

3. cooperation with similar institutions in other countries and international organizations.

(5) the heads of the organs and structures in the Al. 1 coordinate their activities on the protection of national security, as a joint issue instructions that define the order and the manner of interaction.

(6) the interaction between the authorities and bodies referred to in paragraph 1 shall be made by written correspondence, workshops, the creation of joint working groups and conduct a coordinated events, as well as other forms in accordance with their competence.

(7) for the purposes of interacting bodies and structures under para. 1 inform and coordinate their actions in receipt of information of interest to the activity of another authority or structure.

(8) the authorities of the Ministry of Internal Affairs, the State Agency for national security, "State Agency" intelligence "services" Military information "and the national guard service information and/or access to the database created, stored and used under the terms of the law on the protection of classified information, under the conditions and in accordance with procedures laid down in the joint statement of the leaders.

(9) the authorities and bodies referred to in paragraph 1. 1 may conclude agreements for the training of officers and personnel exchanges with each other and with other authorities and bodies under the conditions and in accordance with procedures laid down by law.

Art. 4. The basic principles of the management and operation of the system for the protection of national security are:

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

2. political neutrality;

3. respect for and guarantee of human rights and fundamental freedoms;

4. objectivity and impartiality;

5. cooperation with citizens and their organizations;

6. openness, transparency and accountability in the formation and implementation of policies for the protection of national security;

7. the centralized management and control of the intelligence business;

8. protection of the information and the sources for acquisition;

9. timely provision of information on the competence of another authority or body of the system for the protection of national security or of another national authority;

10. the consistent conduct of activities for the protection of national security and reconciliation of overt and covert forms and methods of work.

Chapter two

MANAGEMENT AND OPERATION OF THE SYSTEM FOR THE PROTECTION OF NATIONAL SECURITY

Art. 5. In the management of the system for the protection of national security, the National Assembly, the President of the Republic and the Council of Ministers according to their competence:

1. define the national interests and priorities;

2. prepare and adopt legal acts, strategies, concepts, doctrines, and action plans;

3. identify the main tasks of public authorities and bodies under art. 3, al. 1;

4. implement and organize strategic planning, collaboration, coordination and integration of activities of public authorities and bodies under art. 3, al. 1;

5. determine the resources necessary for the implementation of activities under the protection of national security and the arrangements for their management and spending, their allocation between State bodies and structures;

6. control the spending of resources under item 5;

7. monitor the implementation of the strategic objectives and priorities.

Art. 6. (1) the heads of the State Agency for national security, "State Agency" intelligence "and" Military information "provide equal in volume and content information obtained from them, the President of the Republic, the President of the National Assembly and the Prime Minister.

(2) the President of the Republic requires and receives from the State authorities and bodies under art. 3, al. 1 relevant and complete information to carry out its functions as the Supreme Commander.

Art. 7. (1) the Council of Ministers:

1. performs general management of the system for the protection of national security;

2. proposes to the National Assembly a draft national security strategy;

3. adopt and submit to the National Assembly an annual report on the State of national security;

4. adopt a decision to conduct a strategic review of the system for the protection of national security, on the proposal of the Prime Minister;

5. make a proposal to the President of the Republic for the appointment and dismissal of the heads of the State Agency for national security, "State Agency" intelligence "and" military Service ";

6. adopt acts relating to the management and operation of the system for the protection of national security.

(2) the Prime Minister:

1. to manage coordination between the institutions in the Security Council, as well as between them and the other organs of State power;

2. carries out the General management of the intelligence community;

3. approve the annual plans on the activities of the State Agency for national security, "State Agency" intelligence "," military Service "and of the Security Council;

4. submit for examination by the Council of Ministers drafts of acts related to the management and operation of the system for the protection of national security and a draft annual report on the State of national security;

5. submit to the Cabinet a proposal to the President of the Republic for the appointment and dismissal of the heads of the State Agency for national security, "State Agency" intelligence "," military Service ", as well as the Secretary General of the Ministry of the Interior;

6. place the total control over the international cooperation of State authorities and bodies under art. 3, al. 1 with similar bodies and organisations in other countries and international organizations;

7. carry out the general direction of international cooperation of the Security Council with similar bodies in other countries.

(3) to support the implementation of the tasks referred to in paragraph 1. 1 and 2 to the Council of Ministers establishes the Security Council.

Art. 8. (1) the Security Council is a consultative and coordinating body to the Council of Ministers on matters of national security.

(2) the President of the Security Council is the Prime Minister.

(3) the members of the Security Council are:

1. the Minister of the Interior;

2. the Minister of defence;

3. Minister of Foreign Affairs;

4. the Minister of finance;

5. the Chief of the defence;

6. the Secretary-General of the Ministry of the Interior;

7. the Chairman of the State Agency for national security;

8. the Chairman of the State Agency "intelligence";

9. the Director of the service "Military information";

10. the Chief of the national guard service;

11. the Secretary of the Security Council;

12. two representatives of the President of the Republic, explicitly defined by him by Decree.

(4) a member of the Security Council could also be the Deputy Prime Minister, authorised by an order of the Prime Minister to coordinate and oversee the work of the structures of the system for the protection of national security.

(5) the President of the Republic and the President of the National Assembly can participate in person at the meetings of the Security Council.


(6) in certain cases and on separate issues in the work of the Security Council, at the invitation of its Chairman may attend chairs of standing committees of the National Assembly, MPs, Ministers and heads of agencies and organizations.

Art. 9. The Security Council:

1. analyze the State of the system for the protection of national security, shall draw up the estimates and offers solutions and actions in respect of:

(a)) capability of the system for the protection of national security to counter threats, including in crisis management;

(b)) the effectiveness of the main activities of State authorities and bodies under art. 3, al. 1;

in coherence and coordination) in carrying out the main activities between the public authorities and bodies under art. 3, al. 1;

d) compatibility and integrity of State authorities and bodies under art. 3, al. 1;

e) compatibility and integrity of State authorities and bodies under art. 3, al. 1 with institutions and mechanisms for collective security in the North Atlantic Treaty Organization and the European Union;

is specified) the implementation of national priorities, objectives and targets;

(g)) the provision of information security and protection from harm;

2. coordinate the implementation of the policy for the protection of national security by State authorities and bodies under art. 3, al. 1;

3. assists the Council of Ministers in decision-making and in the exercise of his powers in the management of the activities on the protection of national security and the allocation of necessary resources;

4. supports the interaction between State authorities and bodies under art. 3, al. 1 in the performance of their tasks and activities;

5. proposes to the Prime Minister or the Council of Ministers concrete measures and targets for limiting risks, threats and countermeasures for the protection of national security, as well as for crisis management;

6. proposes that the Council of Ministers annual objectives and priorities in the field of protection of national security;

7. proposes that the Council of Ministers a draft of the annual report on the State of national security;

8. proposes that the Council of Ministers a draft of the national communication strategy for informing the public in a crisis.

Art. 10. (1) for the performance of his duties under art. 9 the Security Council:

1. prepare analyses, forecasts, reports, and other information materials;

2. uses expertise from various fields;

3. cooperation with government authorities and organizations, bodies of local self-government and legal entities, as well as with similar structures in other countries and international organizations;

4. adopts decisions.

(2) the members of the Council provide the necessary information for its activities.

Art. 11. (1) the Security Council shall be represented by the Chairperson.

(2) in carrying out its work the Security Council shall be assisted by a secretariat, which is a structural unit in the administration of the Council of Ministers.

(3) in the work of the Secretariat may participate representatives of the persons under art. 8, al. 3, items 1-4 and 7-10.

(4) information on the activities of the Security Council and its secretariat shall be published on the website of the Council of Ministers subject to the regulatory requirements for the protection of classified information.

Art. 12. (1) the Security Council holds regular and extraordinary meetings.

(2) Regular meetings are held at least once every three months. They shall be convened by decision of the Prime Minister.

(3) extraordinary meetings shall be convened by decision of the Prime Minister, in the presence of important circumstances affecting national security and requiring immediate decisions and measures within the competence of the Security Council.

(4) for the conduct of meetings is necessary the presence of at least three-fourths of the members.

(5) organizing and conducting its meetings the Security Board shall adopt internal rules.

Art. 13. (1) the Prime Minister shall direct the activities of the Security Council.

(2) in the absence of the Prime Minister on Security Council meetings shall be governed by specifically authorized by him member of the Security Council.

(3) in the absence of a meeting of the Security Council Member he is represented by explicitly authorised by the Deputy.

Art. 14. (1) the decisions of the Security Council shall be taken by open vote by a simple majority of all members present.

(2) in deciding any member of the Security Council shall have one vote.

Art. 15. (1) as part of the Security Council operates intelligence community, which consists of the Secretary of the Security Council, the Secretary-General of the Ministry of the Interior and of the heads of the State Agency for national security, "State Agency" intelligence "and" Military information ".

(2) the intelligence community, on its own initiative, may draw up thematic or summary reports on various issues related to national security, to make proposals to the Security Council to the Council of Ministers and draw up proposals to the Prime Minister about the amendments to the regulations.

(3) where necessary to the intelligence community included other senior officials from various ministries and departments.

(4) the Secretary of the Security Council report to the Prime Minister prepared documents in al. 2.

Art. 16. (1) the activities of the Secretariat of the Security Council is headed and organized by the Secretary-General, who is appointed by the Prime Minister.

(2) The Secretary shall appoint a person who:

1. There are only Bulgarian citizenship;

2. is there a higher education with educational qualification degree "master";

3. has 10 years experience in the organs and structures of the system for the protection of national security;

4. is authorized to access classified information classified "top secret".

(3) the Registrar shall organize and carry out the exchange of information related to the activities of the Security Council and the intelligence community.

(4) the Registrar shall organize the coordination of the Security Council with the State authorities and bodies of local self-government authorities, with legal entities, as well as with similar structures in other countries and international organizations.

(5) the Registrar shall assign the preparation of expert opinions on art. 10, para. 1, paragraph 2 for the purposes of the Security Council.

Chapter three

CRISIS MANAGEMENT

Art. 17. (1) Crisis Management is an essential element of the protection of national security.

(2) the situation of crisis shall be declared accordingly be repealed by a decision of the Council of Ministers.

(3) Crisis Management is carried out by the Council of Ministers through the national crisis management system.

Art. 18. (1) the national crisis management system includes national, departmental and regional situational centers.

(2) the Secretariat of the Security Council shall carry out the functions of the National situation centre.

Art. 19. (1) the national situation Centre assists the Council in:

1. the management and coordination of actions on prevention, response, crisis management and control;

2. interaction and coordination with the authorities of the European Union, the North Atlantic Treaty Organization and other States, including access to the public regulated service (PRS), the global navigation satellite system GALILEO;

3. the implementation of the national communication strategy for informing citizens during crises.

(2) the national situation centre provides:

1. coordination of the actions of the Government and the regional environmental centres;

2. a secure system for the exchange of information;

3. the continuous exchange of information on the analysis and assessment of risk.

Art. 20. the functions and areas of action of the Government and the regional environmental centres shall be determined by decision of the Council of Ministers.

Chapter four

ACCOUNTABILITY AND CONTROL

Art. 21. On the activities of the organs and structures of the system for the protection of national security are carried out parliamentary, administrative, judicial and civil control.

Art. 22. (1) the National Assembly supervise the activities of the State Agency for national security, "State Agency" intelligence "," military Service "and of the National Guard, through its Permanent Commission.

(2) the heads of the State Agency for national security, "State Agency" intelligence "services" Military information "and the National Guard are required to appear in the invitation to the National Assembly or its committees, in accordance with their scope of activity, and provide the requested information in compliance with the requirements of the law on the protection of classified information.

(3) the heads of the State Agency for national security, "State Agency" intelligence "and the national guard service shall submit to the Council by 31 March of each year an annual report on the activities of their subordinate structure.

(4) the annual report of the Office of "Military information" shall be submitted to the Cabinet by the Minister of defence within the time limit referred to in paragraph 1. 3.

(5) the State Agency for national security, "State Agency" intelligence "and" military information "Service, through the Secretary of Defense, shall draw up and submit for publication on the website of the Council of Ministers unclassified annual reports.

(6) the Council of Ministers shall submit the reports for consideration in the National Assembly, which shall be adopted by individual decisions.

Art. 23. The National Assembly through its Standing Committee carries out the surveillance and control of the activities on the management and expenditure of funds granted to the bodies referred to in art. 22.

Art. 24. (1) the citizens and their organizations carry out controls on the system for the protection of national security in the framework of their statutory rights.


(2) the Council of Ministers shall establish an advisory mechanism for the participation of representatives of non-profit organizations, whose statutory aims are related to the protection of national security, in discussions or in preparation of projects of normative documents, reports and other documents on issues within the competence of the Security Council in accordance with the law on access to public information and the law on the protection of classified information.

ADDITIONAL PROVISION

§ 1. Within the meaning of this law:

1. "national security risk" is the probability of a change in the security environment, caused by a deliberate act or omission, which can lead to a distortion of the State of national security.

2. "national security threat" is a set of conditions and factors that directly lead to processes or events, contrary to the status of national security of the Republic of Bulgaria.

3. the "crisis" is an event that breaks the State of national security as a result of the acts or omissions of the targeted persons, groups or organizations.

4. the "situation centre" is the structure, carrying out the collection, analysis and reporting information received in relation to the prevention and/or containment of crises, as well as for the coordination of the measures and actions for the reaction, mastery and overcome the crisis.

FINAL PROVISIONS

§ 2. The State Agency for national security (promulgated, SG. 109 of 2007; amend., SG. 69 and 94 since 2008, issue 22, 35, 82, 93 and 42 by 2009, issue 16, 80 and 97 2010/9 and 100 by 2011, no. 38 by 2012, issue 15, 30, 52, 65 and 71 by 2013. , PC. 53 by 2014 and PCs. 14 and 24 by 2015.) make the following amendments and supplements: 1. In art. 54 Al are created. 8 and 9:

"(8) a competition for appointment to the public service agency shall be carried out for persons who are civil servants in other security services, as well as in the offices of public order, if they meet the requirements for entry to the civil service in the Agency and after the written consent of the President of the Agency and the head of the Office concerned.

(9) a competition for appointment to the civil service agency and is held in the cases under art. 55, para. 2 of the rules for implementation of the law. "

2. In art. 65 par. 3 shall be amended as follows:

"(3) in the case referred to in para. 1 the person shall receive monthly remuneration in the amount of the basic monthly remuneration for the grade and step of the higher office. "

3. In art. 78, after the words "on Paper" be added "the President and Vice Presidents, as well as".

4. In art. 117, para. 1, after the words "termination" is added "powers of the President and Vice Presidents, as well as".

5. In art. 132, para. 3 the words "31 January" is replaced by "31 March".

6. § 1 of the supplementary provision 1 is amended as follows:

"1." national security "is a term of art. 2 of the law on management and operation of the system for the protection of national security. "

§ 3. In the law on the protection of classified information (promulgated, SG. 45 of 2002; amended, issue 5 and 31 of 2003, issue 52, 55 and 89 in 2004, no. 17 and 82 of 2006, issue 46, 57, 95 and 109 from the 2007 No. 36, 66, 69 and 109 of 2008, 35/42, 82 and 93 from 2009. , PC. 16 and 88 from 2010, PC. 23, 48 and 80 by 2011. 44 and 103 by 2012 PCs. 52 and 70 in 2013, PCs. 49 and 53 by 2014 and PCs. 14 by 2015.) in § 1 of the additional provisions item 13 shall be amended as follows:

"13." national security "is a term of art. 2 of the law on management and operation of the system for the protection of national security. "

§ 4. In the law of National Security Advisory Board (official SG 13 of 1994; amend., SG. 28 of 2008 and no. 35 of 2009) in art. 2, al. 2 make the following amendments and additions:

1. Create a new item 9 and 10:

9. the Chairman of the State Agency "intelligence";

10. the Secretary of the Security Council; ".

2. The current becomes item 9 item 11.

§ 5. 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 and 24 by 2015.) in art. 22, para. 2 section 2 is repealed.

§ 6. The implementation of the law shall be entrusted to the Council of Ministers and the Prime Minister.

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

The law was passed by the National Assembly-43 on 29 July 2015 and is stamped with the official seal of the National Assembly.

 President of the National Assembly Tsetska Tsacheva:

5169