Law Amending The Law On The State Agency For National Security

Original Language Title: Закон за изменение и допълнение на Закона за Държавна агенция "Национална сигурност"

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Name of law Law amending the law on the State Agency for national security bill name Bill to amend and supplement the law on the State Agency for national security adoption date 07/06/2013 number/year Official Gazette 52/13 Decree No 120

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 the State Agency for national security ", adopted by the National Assembly HLIÌ 7 June of 2013.

Issued in Sofia on 13 June 2013.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Zinaida Zlatanova

LAW

amending the law on 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, 15 and 30 of 2013)

§ 1. In art. 3, al. 4 after the word "agency" shall be inserted "or authorized by him Deputy-Chairman.

§ 2. In art. 4 make the following amendments and supplements: 1. Paragraph 1 shall be amended as follows:

(1) the State Agency for national security carries out activities for the protection of national security from attacks directed against the independence and sovereignty of the Republic of Bulgaria, the territorial integrity, national interest, the constitutional order in the country and the fundamental rights and freedoms of citizens, relating to:

1. intelligence in favour of foreign forces;

2. danger to the sovereignty, territorial integrity of the State and the unity of the nation;

3. the unconstitutional activity;

4. the corrupt acts of persons occupying high government, public and other posts in the public and private sectors;

5. application of force or the use of public-hazardous means of political purpose;

6. danger for economic and financial security of the State;

7. danger to the environmental security of the country;

8. violating the functioning of the national system for the protection of classified information;

9. endangering the security of strategic country sights and activities;

10. the destructive impact on communication and information systems;

11. international terrorism and extremism, as well as their financing;

12. international trade in weapons and devices or technologies with dual-use items;

13. production, conservation and distribution of funds, public-hazardous products or technologies with dual-use narcotic substances and precursors, when it creates a danger for the normal functioning of the public authorities;

14. the organized criminal activity of local and transnational criminal structures;

15. customs, monetary, tax and social security system;

16. trafficking in human beings;

17. computer crimes or crimes committed on or through the computer networks and systems;

18. intellectual property;

19. inauthentic or counterfeit currency, payment instruments and official documents;

20. trafficking in cultural property, or gambling;

21. the activities of groups and individuals supporting the foreign authorities, terrorist or extremist organizations;

22. migration processes;

23. concluding unprofitable contracts, money laundering and absorption of EU funds through fraud. "

2. a para. 6:

(6) the State Agency for national security investigation of crimes relating to the activities referred to in para. 1. "

§ 3. In art. 8 is hereby amended as follows:

1. In paragraph 8. the words "shall be appointed by Decree of the President of the Republic of Bulgaria, on the proposal of the Council of Ministers" shall be replaced by "shall be elected by the National Assembly on the proposal of the Prime Minister."

2. in the Al. 2 the word "two" shall be replaced by "three".

3. in the Al. 3 item 3 shall be replaced by the following:

"3. be not less than 8 years of legal experience or professional experience in the security services – to the President, and not less than 5 years of legal experience or professional experience in the security services – for Vice-Presidents;".

4. in the Al. 4 item 5 is repealed.

5. Paragraphs 5, 6, 7 and 8 are hereby amended:

"(5) in the cases referred to in para. 4 the authority of the President shall be terminated by a decision of the National Assembly on the proposal of the Prime Minister and the Deputy President-by the decision of the Council of Ministers on a proposal from the President of the Agency.

(6) in the event of the death or early termination of the powers of the President within one month of the occurrence of the reason Prime Minister proposes to the National Assembly to choose a new President, which completes the mandate.

(7) in the cases referred to in para. 6 If the one-month period the National Assembly be dissolved, the period continues to run from the date of dissolution and continues to run from the date of the convening of the new National Assembly.

(8) in the cases referred to in para. 6 until the election of a new President, its functions are performed by the Council of Ministers designated by the Vice President. "

§ 4. Art is created. 8A:

"Art. 8A. (1) after selecting the President of the State National Security Agency shall take an oath before the National Assembly with the following content: "I swear, under the duty to uphold the Constitution and laws of the Republic of Bulgaria and to execute their duties in good faith, as driven by the interests of the State and the principles of independence and objectivity."

(2) the affixing of the oath shall be certified by the signature of the sacramental sheet. "

§ 5. In art. 10A is hereby amended as follows:

1. In paragraph 8. 1 the word "Chief" shall be replaced by "administrative".


2. in the Al. 2, 3, 4 and 5 all over the word "Principal" is replaced by "Administrative".

§ 6. In art. 16, al. 1, item 7 the word "main" is replaced by "administrative".

§ 7. In art. 17, al. 1, item 9, the word "main" is replaced by "administrative".

§ 8. In art. 123, para. 2 creates a new paragraph 3:

3. retain persons who have reported that they have carried out as described in art. 4, al. 1, item 1 – 23 attacks, carrying out stock of the offenses; ".

§ 9. In art. 124 after the word "prevent" the Union "and" shall be replaced by a comma, and then the word "reveal" insert "and investigate."

§ 10. Art is created. 124 (a):

"Art. 124. (1) the authorities of the Agency can detain for up to 24 hours a person for which there is evidence of having committed an offence relating to any of the activities referred to in art. 4, al. 1.

(2) A detainee may not be restricted by other rights besides the right of free movement.

(3) when the person arrested is not fluent in Bulgarian language, it shall be informed immediately of the reasons for his detention in plain language.

(4) from the moment of his detention the person has the right to a defender.

(5) For retention authority shall immediately notify the person designated by the detainee.

(6) the detainee may be placed in a special room and can be taken for personal security, when his behavior and the purpose of detention.

(7) the detainee has the right to appeal to a court the lawfulness of the detention. The Court shall decide on the appeal immediately.

(8) the person arrested at the appointed place for holding the bodies of the Agency shall issue a written order.

(9) the authorities of the Agency shall be obliged immediately to release the person, where the ground for detention is eliminated. "

§ 11. Art is created. 125 (a):

"Art. 125. (1) in the cases under art. 124 and 125 bodies can carry out a search of a person.

(2) a search may be carried out only by a person who belongs to the gender of the obiskiraniâ, and in a way that undermines his honor and dignity.

(3) for each carried out a search of the Agency, the authority draws up a protocol.

(4) the Protocol on al. 3 shall be signed by the authority of the Agency, of a witness and by the person concerned, of which a copy shall be provided. "

§ 12. Art is created. 132 (a):

"Art. 132. The President is entitled by the Prime Minister to receive opinions and analysis from the President of the Agency in matters of foreign policy, national security. "

Transitional and final provisions

§ 13. (1) service of public officials from the General Directorate for combating organized crime "in the Ministry of the Interior will go into business relationships with the State Agency for national security, when you qualify for a job in it.

(2) the employment of the employees of the General Directorate for combating organized crime "in the Interior Ministry pass to the State Agency for national security pursuant to art. 123 of the labour code, when you qualify for a job in it.

(3) the persons referred to in para. 1 and 2 pass to the State Agency for national security "without a time limit for the test, except for employees who are due for testing.

(4) length of service acquired under the law on the Ministry of Interior employees, passed the State Agency for national security, respect for the same appointment authority, employer, respectively, including the payment of the benefits payable upon termination of legal relations with the Agency.

(5) time as a civil servant under the Ministry of Internal Affairs, for which I have not received benefits before passage in the State Agency for national security is counted in determining the amount of compensation under art. 117 and article. 118, para. 2.

§ 14. (1) the State Agency for national security is the successor of the assets, liabilities, archive and other rights and obligations of the General Directorate for combating organized crime "in the Ministry of the Interior.

(2) tangible assets of the Ministry of the Interior, used by the General Directorate for combating organized crime "shall be submitted to the State Agency for national security.

(3) the Council of Ministers shall, within three months of the entry into force of this law shall govern the relations in connection with the conversion of administrative structures in the Al. 1.

§ 15. In the tax-insurance procedure code (official SG. 105 by 2005; amend., SG. 30, 33, 34, 59, 63, 73, 80, 82, 86, 95 and 105 of 2006, issue 46, 52, 53, 57, 59, 108 and 109 in 2007, 36/69 and 98 in 2008, issue 12, 32, 41 and 93 from 2009, issue 15, 94, 98 , 100 and 101 of 2010, PC. 14, 31, 77 and 99 from 2011, issue. 26, 38, 40, 82, 94 and 99 by 2012.) in art. 75, para. 1, item 2, the words "the directors of the General Directorate for combating organised crime, Criminal Police Directorate and Directorate-General" Pre-trial proceedings "shall be replaced by" the Director of the National Police Directorate.

§ 16. In the code of criminal procedure (official SG. 86 of 2005; amend., SG. 46 and 109 from the 2007 No. 69 and 109 in 2008, issue 12, 27, 32 and 33 by 2009, issue 15, 32 and 101 of 2010, issue 13, 33, 60, 61 and 93 from 2011; Decision No. 10 of the Constitutional Court by 2011 – issue 93 of 2011; amend. , PC. 19, 20, 25 and 60 by 2012 PCs. 17 by 2013) make the following additions:

1. In art. 52, para. 1, paragraph 2, after the words "an investigative officer" is added "investigative agents of the State Agency for national security set out by order of the President of the Agency".

2. In art. 71, para. 4 after the word "officer" is a comma and add "investigative agent of the State Agency for national security.


3. In art. 118, para. 1, paragraph 3, after the words "Ministry of Interior" is added "State Agency" National Security "and a comma.

4. a new article. 194:

"The Investigation by the authorities of the State Agency for national security

Art. 194. (1) except in the cases under art. 194, para. 1 the investigation of offences related to the assigned by law, activities of the State Agency for national security, is carried out by the investigative agents.

(2) the investigating agents shall be determined by order of the President of the State Agency for national security. "

5. In art. 411 in, al. 2, after the words "Minister of Interior" a comma and add "investigative agents, designated by order of the President of the State Agency for national security.

§ 17. Nepriklûčilite pretrial proceedings prior to the entry into force of this law shall be investigated by the investigators in the General Directorate for combating organized crime "in the Ministry of the Interior, is awarded by the supervising prosecutor of the competent investigating authority.

§ 18. Electronic Communications Act (promulgated, SG. 41 since 2007; amend., SG. 109 (2007), no. 36, 43 and 69 since 2008, issue 17, 35, 37 and 42 of 2009; the Decision the Constitutional Court No. 3 of 2009 – No. 45 of 2009; amend., SG. 82, 89 and 93 from 2009, issue 12, 17, 27 and 97 from 2010. , PC. 105 by 2011, issue. 38, 44 and 82 by 2012 PCs. 15, 27 and 28 of 2013) the following modifications are made:

1. In art. 250 b, para. 1 item 2 is amended as follows:

' 2. the National Police Directorate, General Directorate for border police, Department of Homeland Security ", Sofia Directorate of Internal Affairs and the regional directorates of the Ministry of Home Affairs;".

2. In art. 277 words "and the relevant regional Department for combating organized crime in the Ministry of the Interior" shall be deleted.

§ 19. In the law on the protection of classified information (promulgated, SG. 45; since 2002, Corr issue 5 of 2003; amend., no. 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 in 2008, issue 35 , 42, 82 and 93 from 2009, PCs. 16 and 88 from 2010, PC. 23, 48 and 80 by 2011. 44 and 103 by 2012.) in the additional provisions the following amendments and additions:

1. § 1, item 1, the words "General Directorate for combating organized crime" shall be deleted.

2. In paragraph 2 (a), after the words "national system" 112 "is added to the specialist administrative directorates" and the words "General Directorate for combating organized crime" shall be replaced by "General Directorate" national police ".

3. paragraph 2 (b) is repealed.

§ 20. In the law on the control of narcotic substances and precursors (promulgated, SG. 30 of 1999; amend., 63/2000, no. 74, 75 and 120 of 2002, no. 56 of 2003, issue 76, 79 and 103 by 2005, issue 30, 75 and 82 of 2006, no. 31 and 55 in 2007, issue 36, 43 and 69 since 2008. , PC. 41, 74, 82 and 93 from 2009, PCs. 22, 23, 29, 59 and 98 of 2010, PC. 8, 12, 60 and 61 by 2011, issue. 83 and 102 by 2012.) in art. 95, para. 3, after the words "Customs Agency" is added the Union "and" and the words "and the General Directorate for combating organized crime" shall be deleted.

§ 21. In the law on credit institutions (official SG. 59 06; amend., 105/2006, no. 52, 59 and 109 from the 2007 No. 69 since 2008, no. 23, 24, 44, 93 and 95 of 2009, 94 and 101 of 2010 and 77/105 from 2011, and 38/44 by 2012) in art. 62, para. 6, point 7 and para. 8 the words "directors of the General Directorate for combating organized crime" and "shall be replaced by the words" the Director ".

§ 22. In the law on measures against money laundering (official SG. 85 of 1998; amend., issue 1 and 102 from 2001, no. 31 of 2003, issue 103 and 105 by 2005, issue 30, 54, 59, 82 and 108 of 2006, issue 52, 92 and 109 in 2007, issue 16, 36, 67 and 69 of 2008. , PC. 22, 23 and 93 from 2009, PCs. 88 and 101 of 2010, PC. 16, 48, 57 and 96 by 2011, issue. 44, 60 and 102 by 2012.) in the additional provisions in § 1, item 4, after the words "the national intelligence service," added the Union "and" and the words "and the General Directorate for combating organized crime" of the Ministry of the Interior "shall be deleted.

§ 23. In the Ministry of Internal Affairs (official SG 17 06; amend., SG. 30, 102 and 105 of 2006, issue 11, 31, 41, 46, 57, 64 and 109 (2007), no. 28, 43, 69, 94 and 98 in 2008, issue 27, 42, 74, 82 and 93 from 2009/2010 88, no. 9 , 23, 47, 48 and 81 from 2011, issue. 38 and 44 by 2012 PCs. 15 of 2013) the following modifications are made:

1. In art. 10, para. 1 paragraph 1 shall be repealed.

2. Article 12 shall be repealed.

3. In art. 28 para. 5 is repealed.

4. Article 51A shall be repealed.

5. In art. 53, para. 2 the words "authorities of the General Directorate for combating organized crime" shall be deleted.

§ 24. In the law on special intelligence means (promulgated, SG. 95 of 1997; amend., SG. 70 (1999) 49/2000, 17/2003, no. 86 of 2005 No. 45 and 82 of 2006, 109/2007, no. 43 and 109 in 2008, issue 88, 93 and 103 of 2009. , PC. 32 and 88 from 2010, PC. 1 and 13 of 2011, issue. 44 by 2012 PCs. 17 by 2013) in art. 13, para. 1, item 1, the words "General Directorate for combating organized crime" shall be deleted.

§ 25. In the law on the judiciary (official SG. 64 of 2007; amend., SG. 69 and 109 of 2008 25/, 33, 42, 102 and 103 of 2009, 59/2010, no. 1, 23, 32, 45, 81 and 82 by 2011; Decision No. 10 of the Constitutional Court by 2011 – issue 93 of 2011; 20 PCs. , 50 and 81 by 2012 PCs. 15, 17 and 30 of 2013) in art. 195, para. 3, after the words "Deputy Ministers" is added "the President or Vice-Presidents of State Agency for national security.

§ 26. 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 and 23 by 2013) in art. 44, para. 1 the words "combating organized crime" shall be deleted.

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

Zakon″te adopted by 42-Otto National Assembly on 7 June 2013 and is stamped with the official seal of the National Assembly.


President of the National Assembly: Mihail Mikov

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