Name of law a law amending the law on the administration of the Name Bill WALL of law of Administration date of acceptance 08/02/2012 number/year Official Gazette 15/2012 Decree No 63
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 Administration, adopted by the National Assembly of the HLI 8 February 2012.
Issued in Sofia on 15 February 2012
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Diana Kovatcheva
LAW
amending and supplementing the law on Administration (official SG. 130 of 1998; Decision of the Constitutional Court No. 2 of 1999 – issue 8 of 1999; amend., SG. 67 of 1999 No. 64 and 81 of 2000, 99/2001;, Corr 101/2001; amended by 95/2003, no. 19 of 2005. , PC. 24, 30, 69 and 102 in 2006, PCs. 46 and 78 in 2007, PCs. 43 and 94 since 2008, PCs. 35 and 42 by 2009, PCs. 24 and 97 from 2010 and PC. 69 by 2011.)
§ 1. In art. 3, after the word "implement" insert "total".
§ 2. In art. 4, al. 3 creating the second sentence: "in the administration of the Council of Ministers can be created and individual departments."
§ 3. In art. 8 create al. 3:
"(3) the Secretary shall be appointed by the authority of State power."
§ 4. In art. 13, para. 1 the words "Single Classifier" shall be replaced by the words "Classification".
§ 5. Article 21 shall be amended as follows:
"Art. 21. (1) the Council of Ministers may establish boards as permanent advisory bodies of the Government acting to ensure coordination in the field of executive power, as well as cooperation with other State bodies, bodies of local self-government and non-governmental organizations in defining and implementing the State policy in a given area or on particularly important issues of public importance.
(2) the councils under para. 1 guided by the Prime Minister or by another Member of the Government and include sole executive authorities or their alternates, as well as members of the collegial bodies of the Executive power.
(3) Board members may be and other State authorities in advance of them expressed consent.
(4) for participation in the Councils can attract and representatives of bodies of local self-government in the prior expressed consent from them.
(5) for participation in the Councils can attract and non-governmental organizations relevant to the work of the Council. In the decree establishing the Council may provide for the application of criteria for organisations.
(6) the Councils consist of a Chairman and members. Where this is provided for in the decree for creating them, the Soviets formed the basic composition of permanent members under para. 2-5 and extended composition, comprising the heads of the working groups referred to in art. 22, para. 2 and observers from organizations under para. 5. Observers shall participate in the work of the Council without the right to vote. "
§ 6. New art. 22:
"Art. 22. (1) the Councils organize and carry out their assigned tasks on the basis of the agreed annual work programme by them.
(2) the Councils may establish working groups for preparation of projects of strategic documents and legal acts or other expert suggestions on specific matters relating to their jurisdiction. In the composition of the working groups may include officials in the administrations of bodies under art. 21, para. 2, 3 and 4 and the experts of the organizations under art. 21, para. 5. (3) the financial security of the Council's activities is charged to the budget of the administration under art. 22 a, para. 1. the Chairman, members and observers shall not be remunerated for their participation in the Council.
(4) the Councils provide an annual report on its activities to the Council of Ministers. "
§ 7. Create art. 22A and 22B:
"Art. 22. (1) the Board shall create, convert and is closed by Decree of the Council of Ministers on the basis of a reasoned proposal. In the decree establishing the Council define its tasks and structural composition, as well as the Administration, providing expert and technical assistance.
(2) the Organization of the activities of the Councils is governed by regulations adopted by the Council of Ministers, unless otherwise provided in the Ordinance under para. 1. (3) the rules referred to in paragraph 1. 2 apply the tips created by law or by the order of art. 45, para. 1, art. 47, para. 8 and art. 54, para. 8, in so far as this is provided for in their rules.
Art. 22B. (1) the Councils are assisted in their activities by the secretariats, which are administrative units in the specialized administration, entrusted with the functions of Secretariat or independent administrative units in it.
(2) the activities of the Secretariat is guided and organized by the Secretary-General of the Council who can be a member of the Council. "
§ 8. In art. 40 al. 4 shall be amended as follows:
"(4) the general direction of the administration of the Council of Ministers shall be carried out by the Prime Minister."
§ 9. In art. 42 para. 3 shall be amended as follows:
"(3) the general direction of the Department is carried out by the relevant Minister. Ministry administration as represented by the Minister or by an official authorized by him. "
§ 10. In art. 45 following amendments and supplements shall be made:
1. In paragraph 8. 1, the words "advisory units" are replaced by "expert" advisory units.
2. paragraph 2 is replaced by the following:
"(2) the councils under para. 1 may include experts and representatives of non-governmental organizations relevant to the work of the Ministry. "
3. a new paragraph. 3:
"(3) the Minister may establish working groups for the preparation of a bill or draft act within the competence of the Government, for which the importer it is defined. In the composition of the Working Group may be involved and officials from other administrations with the consent of the Chief Secretary, respectively, of the standing Secretary of defence and the standing Secretary of the Ministry of Foreign Affairs. "
4. the Previous para. 3 and 4 become Al respectively. 4 and 5.
§ 11. In art. 46 b, para. 1, item 1, the words "Single Classifier" shall be replaced by the words "Classification".
§ 12. In art. 47, para. 8 make the following amendments and additions:
1. In the first sentence, the words "advisory units" are replaced by "expert" advisory units.
2. the third sentence shall be inserted: "the advice may include experts and representatives of non-governmental organizations relevant to the work of the relevant government agency."
§ 13. Article 53 shall be repealed.
§ 14. In art. 54, para. 8 make the following amendments and additions:
1. In the first sentence, the words "advisory units" are replaced by "expert" advisory units.
2. the third sentence shall be inserted: "the advice may include experts and representatives of non-governmental organizations relevant to the activities of the Executive Agency."
§ 15. In art. 63, after the word "agencies" a comma and the words "and regional administrations ' shall be replaced by" regional administrations and councils under art. 21, para. 1. "
Transitional and final provisions
§ 16. (1) the Total number of staff of the administration of the Executive power under art. 36-38, established in the relevant regulatory acts at the date of entry into force of this law, cannot be increased.
(2) the Council of Ministers, in accordance with its powers can perform offset changes within the headcount in the Al. 1 primary, on the proposal of the authorising officers in consultation with the Council for administrative reform at the Council of Ministers.
(3) paragraphs 1 and 2 shall not apply in respect of municipal administrations.
§ 17. Within 6 months of the entry into force of this law: 1. The Council of Ministers:
(a) adopt regulations) under art. 22 a, para. 2 of the law on Administration;
(b)) to bring the adopted acts for the created advice in accordance with this law.
2. the Ministers, Chairmen of State agencies and the Executive Directors of executive agencies to close or to align the tips that do not comply with the requirements of this Act.
§ 18. In the law on civil servants (official SG. 67 of 1999; amend., no. 1 of 2000, issue 25, 99 and 110 since 2001, no. 45 of 2002, no. 95 of 2003 No. 70 by 2004, no. 19 of 2005, no. 24, 30 and 102 in 2006 and 59/64 since 2007. , PC. 43, 94 and 108 of 2008, PCs. 35, 42, 74 and 103 of 2009, PCs. 15, 46, 58 and 77 by 2010; Decision of the Constitutional Court No. 12 of 2010 – PCs. 91 by 2010; amend., SG. 97 from 2010 and PC. 1, 18 and 100 by 2011.) make the following changes and additions:
1. In art. 2:
(a)) in the Al. 2 the words "single Classifier" shall be replaced by the words "Classification";
(b)) in the Al. 4 in the first sentence, after the words "the Secretary-General" insert "respectively by the standing Secretary of Defense and by the Permanent Secretary of the Ministry of Foreign Affairs" and a comma, while in the second sentence, after the words "the Secretary-General" insert "respectively, standing Secretary of defence and the standing Secretary of the Ministry of Foreign Affairs" and a comma.
2. In art. 6:
a) paragraph 2 is amended as follows:
"(2) the appointing authority may entrust their powers or separate its powers in service with those of the administration of the Secretary, respectively, of the Permanent Secretary of defence and the standing Secretary of the Ministry of Foreign Affairs, according to the Secretary of the municipality, except in those cases where the law provides otherwise. ';
(b)) in the Al. 3, after the words "under para. 2 "a comma and add" except for the appointment, removal under art. 81 (b), the termination of the relationship, and the imposition of disciplinary punishment under art. 90, para. 1.5 "and after the word" divisions ", and the text is placed to the end point is deleted.
3. In art. 12, al. 2 the words "in another administration" shall be deleted.
4. Article 29 is amended as follows:
"The obligation for the Declaration of the property status
Art. 29. (1) upon taking office the State employee is obliged to declare his fortune to the appointing authority.
(2) each year until April 30, the State employee is obliged to declare to the authority appointing their fortune, as well as in the preceding calendar year received royalties related to employment outside the service, and the reasons for their receipt.
(3) the Declaration referred to in paragraph 1. 2 shall be made in a form approved by the Ordinance under art. 8, al. 2. "
5. In art. 56, para. 1, after the word "business" is added "service, and/or insurance".
6. In art. 73, para. 3 the words "Single Classifier" shall be replaced by the words "Classification".
7. In art. 74:
(a)) in the Al. 2 the words "Single Classifier" shall be replaced by the words "Classification";
(b)) in the Al. 3 the words "art. 81 and 81 (b) or (c) ' shall be replaced by "art. 81, and 81 (b) and (c) art. 82, para. 2 – 4, and "and the words" Single Classifier "shall be replaced by the words" Classification ";
in) in the Al. 4, the words "Single Classifier" shall be replaced by the words "Classification".
§ 19. In the labour code (promulgated, SG. 26 and 27 of 1986; amend., no. 6 of 1988, no. 21, 30 and 94 of 1990, Nos. 27, 32 and 104 of 1991, no. 23, 26, 88 and 100 from 1992; decision No 12 of the Constitutional Court from 1995-69/1995; amend., SG. 87 of 1995. , PC. 2, 12 and 28 of 1996, PCs. 124 of 1997, PCs. 22 of 1998; Decision of the Constitutional Court No. 11 of 1998 – PCs. 52 of 1998; amend., SG. 56, 83, 108 and 133 of 1998, PCs. 51, 67 and 110 since 1999, issue. 25, 2001 issue. 1, 105 and 120 in 2002, PCs. 18, 86 and 95 of 2003 PCs. 52. Since 2004, PCs. 19, 27, 46, 76, 83 and 105 by 2005, issue. 24, 30, 48, 57, 68, 75, 102 and 105, 2006, issue. 40, 46, 59, 64 and 104 from 2007, PCs. 43, 94, 108 and 109 of the 2008 issue. 35, 41 and 103 of 2009, PCs. 15, 46, 58 and 77 by 2010; Decision of the Constitutional Court No. 12 of 2010 – PCs. 91 by 2010; amend., SG. 100 and 101 of 2010, PC. 18, 33, 61 and 82 by 2011, and St. 7 by 2012.) in art. 107 and following amendments and supplements shall be made:
1. Paragraph 4 is replaced by the following:
"(4) at the conclusion of the contract of the employee is obliged to declare his fortune in the face at al. 6. "
2. a new paragraph. 5:
"(5) by 30 April each year, the employee is obliged to declare to the person referred to in para. 6 his fortune, as well as in the preceding calendar year received income from contracts for additional work of art. 111, income from royalties on non-labor relations, as well as employer/contractor who has paid them. "
3. The current paragraph. 5 it al. 6 and finally adds ", or by the Permanent Secretary of the defense, or by the Permanent Secretary of the Ministry of Foreign Affairs".
4. the Previous para. 6, 7, 8, 9 and 10 shall become al. 7, 8, 9, 10 and 11.
§ 20. In the law on the diplomatic service (promulgated, SG. 78 by 2007; amend., no. 42/2009, no. 97 and 100 by 2010, issue 69 by 2011; Decision of the Constitutional Court No 11 of 2011 – 95/2011) in art. 43, para. 3 the words "Single Classifier" shall be replaced by the words "Classification".
§ 21. In the law on cultural heritage (official SG. 19 of 2009; Decision of the Constitutional Court No. 7 of 2009 – No. 80 of 2009; amend., SG. 92 and 93 from 2009, issue 101 of the 2010 and 2011 54) in art. 16, al. 6 the words "Single Classifier" shall be replaced by the words "Classification".
The law was adopted by 41-Otto National Assembly on 8 February 2012 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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