Name of law
Law Bulgarian Telegraph Agency
Name Bill
BILL Bulgarian Telegraph Agency
Date of adoption
01/12/2011
Number / year Official Gazette
99/2011
DECREE № 254
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law on the Bulgarian Telegraph Agency adopted by HLI National Assembly on December 1, 2011
Released in Sofia December 12, 2011
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Diana Kovacheva
Act of Bulgarian Telegraph Agency Chapter One
GENERAL Art. 1. (1) This Act regulates the structure, operation and management of the Bulgarian Telegraph Agency, hereinafter "BTA".
(2) Bulgarian Telegraph Agency is a national independent information institute of the Republic of Bulgaria, which carries out the activities specified in this Act.
(3) The name of BTA abroad is Bulgarian News Agency BTA.
Art. 2. (1) Bulgarian Telegraph Agency is a legal entity funded - primary authorizing officer, based in Sofia.
(2) To implement its business BTA can create correspondent offices in the country and abroad in order determined by the Rules of BTA.
(3) Bulgarian Telegraph Agency has a sign which is registered as a trade mark and seal with the name and image of characters.
Art. 3. (1) The Bulgarian Telegraph Agency determined independently in accordance with the interests of society and the state, in accordance with the Constitution of the Republic of Bulgaria and by this law the content of the information business, being responsible for it.
(2) Bulgarian Telegraph Agency is independent in carrying out its activities and report to the National Assembly.
(3) The employees of BTA are not allowed to hold elected office in state and municipal authorities, governing bodies of political parties and coalitions and develop in BTA political activities in favor or against any political party.
Art. 4. (1) The Bulgarian Telegraph Agency operates on the basis of the following principles:
1. independence, objectivity and integrity;
2. freely seek, receive and rapid dissemination of complete, accurate, impartial, credible and timely information; 3
. The confidentiality of sources of information;
4. guarantee fundamental rights, freedoms and privacy of citizens in the dissemination of information;
5. prevent the dissemination of information products, which promotes or glorifies war, violence, cruelty, political, ethnic or religious intolerance;
6. equality of access to information;
7. distinguish information from comments, paid advertising and communication;
8. ensuring the right of reply to those affected in common by BTA messages in the order specified in the Rules of Procedure of BTA;
9. protecting and promoting the literary Bulgarian language, national traditions and culture;
10. providing information on the life of the Bulgarians living outside the Republic of Bulgaria, as well as informing them about events in the country.
(2) The dissemination of information from the BTA can not be directed against the rights and reputation of citizens and national security, public order, public health or morals. Chapter Two
ACTIVITIES BTA
Art. 5. (1) As a national independent information institute of the Republic of Bulgaria BTA carry out the following activities:
1. collect, process, store and distribute in the country and abroad information in text, image and sound political, economic, social, cultural, scientific and sports events in the country and abroad;
2. disseminate information in the event of disaster, war or other hazards related to the life and health of people; 3
. reflects and addresses of acts:
a) the President and the Vice President of the Republic of Bulgaria;
B) the President of the National Assembly of the Republic of Bulgaria;
C) the Prime-Minister of the Republic of Bulgaria;
D) the President of the Constitutional Court;
E) the Chairperson of the Supreme Court;
F) the Chairperson of the Supreme Administrative Court;
G) the Attorney General;
H) chairpersons of the parliamentary political parties and coalitions or authorized deputies;
4. provides access to information through its products and services:
a) the President and Vice President of the Republic of Bulgaria;
B) MPs;
C) Prime Minister of the Republic of Bulgaria;
D) Ministers;
E) judges of the Constitutional Court;
F) the chairman of the Supreme Court;
G) the President of the Supreme Administrative Court;
H) the Attorney General;
I) the Commander of the Joint Forces Command and the commander of the Land Forces, Air Force and Navy;
K) Governor of the Bulgarian National Bank;
L) the President of the Court;
M) Ombudsman of the Republic of Bulgaria;
N) the directors of the National Intelligence Service, the State Agency "National Security" and the National Security Service.
(2) During the election campaign BTA:
1. disseminate decisions of the Central Election Commission;
2. provides equity registered for the elections parties, coalitions and initiative committees; 3
. account activities with the provisions of the Electoral Code, respectively Law on Election of Grand National Assembly.
Art. 6. To carry out its activities under Art. 5 Bulgarian Telegraph Agency:
1. open and maintain journalistic structure and auxiliary teams in the country and abroad;
2. Sales and exchanged information products and services with international and national news agencies and other Bulgarian and foreign media; 3
. member of international alliances and associations of organizations with similar activity.
Art. 7. (1) The Bulgarian Telegraph Agency has the right to obtain the necessary information from its state and municipal authorities if it does not contain prescribed by law secret.
(2) Bulgarian Telegraph Agency is obliged to use exactly the information received.
Art. 8. Any person who claims to have been affected in information BTA is entitled under the Act for access to public information access to the relevant records and a copy of the information.
Art. 9. Bulgarian Telegraph Agency is not responsible for disseminated information and their contents when they are:
1. received an official order;
2. quotations from official documents; 3
. accurate reproduction of public statements;
4. based on material received from other media.
Chapter Three STRUCTURE AND MANAGEMENT OF BTA
Art. 10. (1) Bulgarian Telegraph Agency is managed and represented by the Director General of the BTA, which is elected by the National Assembly.
(2) BTA Director General is elected for a term of 5 years.
(3) A person may be elected Director General of BTA for no more than two terms.
Art. 11. (1) The Director General of the BTA can be Bulgarian citizen:
1. a permanent address in the Republic of Bulgaria;
2. It possesses higher education degree "Master"; 3
. She has professional experience in the field of mass media;
4. not placed under guardianship;
5. e not convicted for premeditated crime of a general nature and is not deprived the courts of the right to hold office;
6. not been declared bankrupt as a sole proprietorship or a general partner in a company declared bankrupt if they are unsatisfied creditors;
7. He was not a member of management or supervisory body of a company or cooperative dissolved due to bankruptcy in the last two years before the date of the election if they are unsatisfied creditors;
8. He has not been a full-time or part-time aide to former state security and / or intelligence services of the Bulgarian People's Army.
(2) BTA Director General is not entitled during the occupation of this post:
1. is deputy mayor or municipal councilor;
2. to a judge, prosecutor or investigator; 3
. any person under Art. 19 and 19 of the Administration Act or a member of their political offices;
4. to hold public office or a municipal employee;
5. be military servicemen under the Law on Defense and Armed Forces of the Republic of Bulgaria or a civil servant within the meaning of the Ministry of the Interior;
6. a member of a political party or organization;
7. member of the trade union organizations;
8. working under an employment contract;
9. to exercise free, commercial or other paid occupation except:
a) research;
B) teaching;
C) exercise of copyright;
D) membership in bodies of legal entities in which BTA has an interest;
E) membership in international organizations in connection with the activities of BTA;
10. owns the capital of companies, partner, manager, procurator or member of government control and supervision of commercial companies and cooperatives.
(3) BTA Director General shall not use their official position for advertising.
Art. 12. (1) The National Assembly shall elect the General Director of BTA two months before the expiry of the mandate of the Director General.
(2) Upon his election BTA Director General laid before the National Assembly the following oath: "I swear in the name of the Republic of Bulgaria to observe the Constitution and laws of the country and conscientiously discharge my duties to the Director General of the Bulgarian Telegraph Agency as guided by the principles stipulated in the Bulgarian Telegraph Agency. I swore!".
(3) Within one month of the election BTA Director General released on his position and terminate the activities incompatible with the post of Director General of BTA according to art. 11, para. 2. In the same period he signed a declaration declaring the lack of circumstances under Art. 11, para. 2.
(4) The declaration under par. 3 is stored in the archives of the National Assembly.
(5) The time during which the Director General shall perform its functions, respect for seniority in his specialty, respectively length of service for the post he held until his choice.
Art. 13. (1) BTA Director General receive a basic monthly remuneration equal to the remuneration of the chairman of the standing committee of the National Assembly.
(2) BTA Director General shall have all rights under labor contracts, except those which are incompatible with their position.
Art. 14. (1) The mandate of the Director General of BTA is terminated by expiry of its term in death, as in the cases under par. 2.
(2) The mandate of the Director General of BTA is terminated early by the National Assembly:
1. upon receipt of a written request from the person submitted to the Speaker of the National Assembly;
2. in permanent inability to perform his duties for more than six months; 3
. deprivation or denial of Bulgarian citizenship;
4. when a final verdict was convicted of premeditated indictable offense or deprived of the right to hold office;
5. the entry into force of the act which established conflict of interest under the Law on the Prevention and detection of conflicts of interest;
6. establishing that the person does not meet the requirements of Art. 11, para. 1 or in case of incompatibility under Art. 11, para. 2.
(3) Upon termination of BTA Director General Deputy Director General performs his duties until a new Director-General under this Act.
Art. 15. The Director General of the Bulgarian Telegraph Agency:
1. organize and manage the activities of BTA;
2. BTA represents; 3
. manages assets of BTA subject to the terms and conditions of the State Property Act and the applicable law;
4. organize the drafting of the budget and included in its subsidy from the state budget and sent to the Ministry of Finance the project for subsidy for inclusion in the draft law on state budget of the Republic of Bulgaria for the year;
5. organized execution and reporting of the budget of BTA;
6. approve the Rules of BTA, internal rules and other acts related to the activities of BTA;
7. approve the structure of BTA official and staffing and job requirements for employees of BTA;
8. conclude, amend and terminate employment contracts with employees in BTA and exercise the rights and obligations of the employer;
9. approve rules for allocation of subsidy to finance activities under Art. 5 coordination with the Minister of Finance.
Art. 16. (1) BTA Director General tabled in the National Assembly activity reports, including financial statements not later:
1. from October 31 - the first half, and
2. from April 30 - the previous year.
(2) The specialized standing committee of the National Assembly shall consider the reports under par. 1 and report on them to be considered by the National Assembly.
(3) The National Assembly discussed and adopted reports under par. 1.
(4) The decisions of the National Assembly on adoption of the accounts under par. 1 pt. 1 and 2 on the activities of BTA are published in the "Official Gazette".
Art. 17. (1) The activity BTA Director General shall be assisted by the Deputy General Director of BTA.
(2) The Deputy BTA Director General shall be appointed by the Director General of BTA after the contest under the Labour Code.
(3) The Deputy Director General of BTA may be a person who meets the requirements of Art. 11, para. 1 and has worked in BTA not less than five years.
(4) The activity of BTA organized in directorates headed by directors appointed under an employment contract by the Director General.
(5) The structure of departments and units therein is approved by the Director General.
(6) Directorates-related information activities of BTA, guided by the Deputy Director-General.
(7) Directorates-related administrative activities shall be governed by a Secretary, appointed after a competition under the Labour Code.
(8) occupying the position of Secretary BTA the requirements of Art. 11, para. 1.
Chapter Four
PROPERTY AND FINANCING OF BTA
Art. 18. (1) The assets of BTA include ownership and limited real rights on real estate and movable property, moral rights, participation in other legal entities, and other rights and obligations.
(2) Real estate is designed to perform the functions of BTA are public property.
Art. 19. (1) Bulgarian Telegraph Agency shall implement, finish and account budget.
(2) The budget shall be established according to the Unified budget classification.
Art. 20. (1) On the revenue side of the budget do:
1. subsidies provided by the state budget;
2. revenues from its own activities, such as:
a) the sale of information and other products;
B) information services to legal entities and individuals;
C) publishing and printing;
D) advertising and sponsorship;
E) the exercise of intellectual property rights;
E) rents;
G) other activities that do not conflict with this Act; 3
. gifts, bequests and inheritances;
4. means under international agreements and programs.
(2) subsidy from the state budget is provided for informational provision of the Republic of Bulgaria by financing activities under Art. 5, as well as to maintain and develop the facilities.
(3) The excess of income over expenditure at the end of the year passes in transition residue that was included in the budget for next year.
(4) banking services to BTA is carried out by the Bulgarian National Bank.
Art. 21. Audit of budget and management of the assets of BTA is carried out under the National Audit Office Act, the Financial Management and Control in the Public Sector and the Law on Internal Audit in the public sector.
TRANSITIONAL AND FINAL PROVISIONS
§ 1. available until the entry into force of this Act funds to Bulgarian Telegraph Agency transferred to the account of the Bulgarian National Bank.
§ 2. (1) The resources provided to implement the activities in information security, defined by the Statute of the Bulgarian Telegraph Agency may be used to finance activities under Art. 5.
(2) The distribution and accounting of funds under par. 1, the provisions of Art. 15 pt. 9 and Art. 16.
§ 3. Real estate and chattels - state-owned, managed and run by the Bulgarian Telegraph Agency until the entry into force of this Act shall be provided for the use and management of BTA.
§ 4. (1) Within three months of the entry into force of this Act the National Assembly elected director general of BTA in provisions and procedures.
(2) Until the election of General Director of BTA under par. 1 powers are exercised by the incumbent to the entry into force of the law director general of BTA.
§ 5. (1) BTA Director General, elected under § 4, para. 1, within three months from the date of your choice approve the structure, staff and staffing, job descriptions of employees of BTA and schedule a competition of art. 17, para. 2.
(2) The legal relations of the employees of BTA shall be governed by Art. 123 of the Labour Code and in accordance with established under par. 1 structure and numerical strength.
§ 6. The Law on State Budget of the Republic of Bulgaria for 2011 (prom. SG. 99 of 2010 .; SG. 31 of 2011 - Decision № 1 of the Constitutional Court from 2011 ) § 62 of the transitional and final provisions are repealed.
§ 7. In Accountancy Act (prom. SG. 98 2001 .; amend., SG. 91 of 2002, No. 96 of 2004 pcs. 102 and 105 of 2005 SG. 33, 63, 105 and 108 in 2006, pcs. 57 of 2007, pcs. 50, 69 and 106 of 2008, pcs. 95 2009 n. 94 of 2010 SG. 19 and 34 of 2011) § 1, p. 1 of the additional provisions, after the words "Bulgarian national radio" a comma and added "the Bulgarian Telegraph Agency."
§ 8. This law comes into force from the day of its promulgation in the "Official Gazette".
§ 9. The Act repealed the decision of the National Assembly on June 29, 1994 for the adoption of the Statute of the Bulgarian Telegraph Agency (SG. 56 of 1994).
The law was adopted by the 41 th National Assembly on December 1, 2011 and is stamped with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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