Law Amending The Law On Civil Registration

Original Language Title: Закон за изменение и допълнение на Закона за гражданската регистрация

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15445/

Name of law a law amending the law on Civil Registration Bill name WALL of law for civil registration adoption date 10/07/2015 number/year 2015 Gazette Decree No 55/128

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 the law on civil registration HLIÌI, adopted by the National Assembly on 10 July 2015.

Issued in Sofia on July 14, 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

amending the law on civil registration (official SG. 67 of 1999; amend., SG. 28 and 37 of 2001 No. 54 of 2002, 63/2003, no. 70 and 96 of 2004, no. 30 of 2006 and 48/59 of 2007 No. 105 of 2008, issue 6, 19 , 47, 74 and 82 from 2009, PCs. 33 by 2010, PC. 9 and 39 from 2011, issue. 42 by 2012 PCs. 66 and 68 from 2013 and St. 53 and 98 by 2014)

§ 1. In art. 40 the following amendments and supplements: 1. a new paragraph. 2:

"(2) the issuance of certificates and transcripts from the acts of civil status of citizens cannot be required to provide personal data contained in the unified system for civil registration and administrative service of population (ESTRAGON) and associated registers."

2. the Previous para. 2 and 3 become respectively al. 3 and 4.

§ 2. In art. 42 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) a birth certificate of stillborn child shall be drawn up on the basis of written communication, not later than 48 hours from birth."

§ 3. In art. 43, para. 1 creating the second sentence: "the birth of a stillborn child shall be notified not later than 24 hours of its birth."

§ 4. In art. 61 following amendments and supplements shall be made: 1. In para. 1, after the word "death" insert "or the Act of giving birth to a stillborn child.

2. a new paragraph. 2:

"(2) where it is necessary to perform a funeral, transcript-extract from the Act of death or of the Act of giving birth to a stillborn child and may be granted to third parties, without the need for authorization by the procedure of art. 88 a, para. 2. "

3. the Previous para. 2, 3 and 4 shall become respectively al. 3, 4 and 5.

§ 5. In art. 92 make the following amendments and supplements: 1. Paragraph 4 is hereby repealed.

2. in the Al. 8, after the words "Ministry of Interior" a comma and add "Directorate General" civil registration and administrative service at the Ministry of regional development and public works.

3. in the Al. 9 the words "subject to the provision of art. 99 and ' shall be deleted.

4. Al are created. 10, 11, 12 and 13:

(10) the number of persons who can register as a permanent and/or current address to the address of residence cannot exceed twice the number of persons who may normally inhabit the place. In determining the total number of persons are taken into account and to the address registered owners, users, tenants or occupants of another legal basis. In cases where the dwelling occupied only by the relatives in the direct line, collateral relatives up to the fourth degree inclusive, or by affinity up to the second degree inclusive, allowed exceeded three times the number of persons who ordinarily may inhabit a dwelling.

(11) the bodies referred to in para. 1 stored copies of the documents on the basis of the address registration, change of address and deletion of directory listing for a period of 5 years.

(12) the acts of the authorities referred to in para. 1 refusing perform address registration or change of address, subject to challenge pursuant to the administrative code.

(13) the acts of the authorities referred to in para. 1 for deletion of directory listing contestable before the administrative court. An appeal shall not have suspensive effect. The decision of the Administrative Court is final. "

§ 6. In art. 96, para. 1 creating the second sentence: "American citizen living abroad, says current address – the State in which they live, to the authorities referred to in art. 92, para. 1 in its permanent address. "

§ 7. In art. 98, para. 1, the words "in the municipality or City Hall" are replaced by "to the authorities under art. 92, para. 1 in the municipality, district, City Hall or the locality ".

§ 8. In art. 99 following amendments and supplements shall be made: 1. Paragraph 2 shall be replaced by the following:

"(2) the address card to change the current address is submitted to the authorities under art. 92, para. 1 in the municipality, district, City Hall or the place where the person lives. When the Bulgarian citizen living abroad, the address card to change the current address is submitted to the authorities under art. 92, para. 1 in the municipality, district, City Hall or town on a permanent address. Address card is processed immediately for an update of a national data base "population."

2. a new paragraph. 4: "(4) the registration may not be current or permanent address for more than 4 months in a hotel, motel, vacation home or elsewhere for shelter. The limit in the first sentence shall also apply where the re-registration shall be made in the same or in another place to shelter within the territory of the same municipality. "

3. the Previous para. 4 and 5 become respectively al. 5 and 6.

§ 9. (A) Article 99 shall be amended as follows:

"Art. 99. In the case of a change of address registration under current address permanent or the number of persons who can register as a permanent and/or current address to the address of residence cannot exceed twice the number of persons who may normally inhabit the place. In determining the total number of persons are taken into account and to the address registered owners, users, tenants or occupants of another legal basis. In cases where the dwelling occupied only by the relatives in the direct line, collateral relatives up to the fourth degree inclusive, or by affinity up to the second degree inclusive, allowed exceeded three times the number of persons who ordinarily may inhabit a dwelling. "

§ 10. In chapter IV, section III is created with art. 99 b: Section III

The inspection

Art. 99 (b). (1) when a written alert, or at the request of the owner of the property, submitted to the authority under art. 92, para. 1 or until the Governor for violation of art. 92 or art. 99, and on its own initiative, the Mayor of the municipality or of the region issued an order for the establishment of a Committee to carry out an inspection for compliance with the requirements to perform address registration or change of address. In the composition of the Commission shall include officials from the municipal administration, representatives of the regional administration, regional structural units of the Ministry of the Interior and the General Directorate for civil registration and administrative service at the Ministry of regional development and public works. In the case of a written request submitted signal or the owner of the property for determining the order of the Commission shall be issued within three days of receipt and shall be declared to the Board for announcements and on the website of the municipality. In the event that the Mayor did not issue the order within the time limit, it shall be issued by the District Manager.

(2) the verification referred to in paragraph 1. 1 shall be made within 7 days of issuance of the order for the determination of the Commission. The results of inspection shall be drawn up.

(3) within three days of execution of the inspection and on the basis of the Protocol on al. 2 the municipality Mayor issued an order for the deletion of address registrations that have been found to have been carried out in violation of art. 92 or of art. 99, and sends the information through the appropriate territorial unit "civil registration and administrative services" of Directorate General "civil registration and administrative service at the Ministry of regional development and public works for their automated deletion in the population register.

(4) at the beginning of each school year the rectors of universities provide the relevant authorities under art. 92, para. 1 a list of the persons accommodated in student residence halls, such as the number of persons accommodated in one room may not exceed the number of beds in it. Address registration of persons who are not included in the lists referred to in the first sentence shall be deleted by order of the authority under art. 92, para. 1.

(5) a person whose address permanent address registration is deleted, must within one month of notification to replace personal documents. "

§ 11. In art. 115, para. 1.1 the comma after the parenthesis is deleted and the words "another nationality and permanent address" shall be replaced by ' and another citizenship. "

§ 12. Art is created. 116:

"Art. 116. For violation of art. 92 or art. 99 and the guilty persons be imposed a fine of 500 to 3000 BGN. on a case by case basis. "

§ 13. A Division is created "additional provision" with a new § 1:

"ADDITIONAL PROVISION

§ 1. for the purposes of this law:

1. "persons who habitually may inhabit a dwelling" is the maximum number of persons that may inhabit a dwelling-place, such as a person's account for no less than 10 square meters of living space.

2. the "living area" is the sum of the areas of the premises in the apartment with the basic use for living rooms, bedrooms and children's rooms, measured on the inner outline of the masonry walls.

3. Deletion of the "directory listing" ASR is the previous permanent and/or current address of the person. "

§ 14. In the transitional and final provisions the following modifications are made: 1. former paragraph 1 becomes § 1.

2. former § 1 and § 1 becomes b.

Transitional and final provisions

§ 15. Nepriklûčilite proceedings on applications for directory listing in permanent or current address or change of address shall be completed in accordance with this law.


§ 16. (1) within three days from the date of entry into force of this law, the mayors of municipalities or regions issued an order for the establishment of a Committee to carry out an inspection for compliance with the requirements of art. 92 or art. 99 and for the underlying address registrations or to change the address in the period 1 July 2014 – 30 April 2015 in the composition of the Commission shall include officials from the municipal administration, representatives of the regional administration, regional structural units of the Ministry of the Interior and the General Directorate for civil registration and administrative service at the Ministry of regional development and public works. In the event that the Mayor did not issue the order within the time limit in the first sentence, it shall be issued by the District Manager.

(2) the time limit for carrying out the checks is one month from the entry into force of this law. The results of inspection shall be drawn up, which shall be made public.

(3) within three days from the date of completion of the investigation and on the basis of the Protocol on al. 2 the municipality Mayor issued an order for the deletion of address registrations that have been found to have been carried out in violation of art. 92 or of art. 99, and sends the information through the appropriate territorial unit "civil registration and administrative services" of Directorate General "civil registration and administrative service at the Ministry of regional development and public works for their automated deletion in the population register.

(4) a person whose address permanent address registration is deleted, must within one month of notification to replace your personal documents.

§ 17. By the order of art. 19A, para. 2 can be reimbursed for the names of the deceased Bulgarian nationals who were forcibly changed and have not been restored under the conditions and in accordance with § 1 (b). In this case, the application shall be submitted by the heir of the deceased. In the event of disagreement between the heirs of the deceased person, the dispute shall be decided by the District Court.

§ 18. The law shall enter into force on the day of its publication in the Official Gazette.

The law was passed by the National Assembly-43 on 10 July 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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