Name of law
Law amending the Law on private security




Name Bill
Bill amending the Law on private security





Date of adoption
25/05/2011



Number / year Official Gazette
43/2011







DECREE № 125
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on private security adopted by HLI National Assembly on May 25, 2011 | || Released in Sofia on June 1, 2011
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on private security activity (prom. SG. 15 of 2004 .; amend. Pcs. 105 2005 No.. 30, 34, 80 and 82, 2006, issue. 53 and 109 of 2007, pcs. 69 of 2008, pcs. 35, 59 and 73 of 2010)
§ 1 . In art. 2 made the following amendments:
1. Paragraph 2 is amended as follows:
"(2) The activities under par. 1 is based on a written contract:
1. traders registered under the Commerce Act or under the law of a Member - State of the Union to another country - party to the Agreement on the European Economic Area or the Swiss Confederation, which have been authorized under this Act;
2. traders registered in the state - member of the European Union in another country - party to the Agreement on the European Economic Area or Switzerland who are entitled to carry out such activities in accordance with laws of the State where they are established, and certify that they meet the requirements of this law. "
2. Created al. 3 and 4:
"(3) The activities under par. 1 is carried out by units of self-defense in the structures of traders or legal entities that are licensed under this Act.
(4) The Minister of Interior together with the Minister of Economy, Energy and Tourism issued an ordinance on the order in which traders under par. 2 pt. 2 certify that they meet the requirements of this law. "
§ 2. In art. 4 par. 1 is amended as follows:
"(1) Private security services are performed only after obtaining a license or certification rights of persons under Art. 2 para. 2 item. 2. "
§ 3. In art. 5 para. 1 p. 5 is amended as follows:
"5. self-protection of property traders or legal persons. "
§ 4. In art. 11 para. 1 is amended as follows:
"(1) self-protection of property trader or legal entity is an activity performed by employees of the trader or legal entity into a separate structural unit to guard."
§ 5. The name of the head Two shall be amended as follows: "License for performing security activity."
§ 6. In art. 13 be made the following amendments:
1. The previous text becomes para. 1 and is amended as follows:
"(1) Licenses for private security services under Art. 5 para. 1, p. 1-4 are issued only to traders registered under the Commerce Act or under the law of a Member - State of the Union to another country - party to the Agreement on the European Economic Area or the Swiss Confederation. "|| | 2. A par. 2:
"(2) A license for private security work of art. 5 para. 1 pt. 5 is issued to a merchant or a legal person. "
§ 7. In art. 15 be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) To obtain a license to perform activities of art. 5 para. 1 persons shall submit a written request to the competent authority. "
2. In para. 2:
a) in item. 1 shall be added "or BULSTAT";
B) in item. 3, after the words "partnership" insert "or legal person";
C) pt. 4 after the word "trader" insert "or legal person". 3
. In para. 3, after the words "commercial company" insert "or entity".
4. A new paragraph. 4:
"(4) The request under par. 1 traders registered under the law of another country - EU member state to another state - party to the Agreement on the European Economic Area or the Swiss Confederation, attached documents equivalent to those mentioned in paragraph. 2 and 3 issued by the competent authority of the country in which they are established, accompanied by an official translation into Bulgarian. "
5. Former para. 4 and 5 become par. 5 and 6.
§ 8. In art. 16 para. 2 and 3 after the word "trader" insert "or legal person".
§ 9. In art. 18 para. 2 is amended as follows:
"(2) Until 31 March of each calendar year the persons operating under Art. 5 para. 1, submit a declaration that there is no change in the circumstances of art. 15. "

§ 10. In art. 19, para. 1 after the word "trader" insert "or legal person".
§ 11. Article 20 is amended as follows:
"Art. 20. Traders or legal persons must within 14 days notify in writing the authority that issued or registered certification under Art. 2 para. 2 pt. 2 to change the circumstances under Art. 15 and Art. 27 para. 2. "
§ 12. In art. 21 be made the following amendments:
1. In para. 1:
a) in item. 1 after the word "trader" insert "or legal person";
B) point 3 is amended as follows:
"3. head of security guards or designated employees not eligible under Art. 27 para. 2. "
2. Paragraph 2 is amended as follows:
"(2) The license granted shall be revoked if within a month the trader or legal entity eliminates the admitted violation of Art. 27 para. 2. "
§ 13. Article 23 is repealed.
§ 14. In art. 24 is amended as follows:
1. In para. 2 text before item. 1 is amended as follows: "For each object poet security, persons operating under Art. 5, prepared and stored on site and plan for his security, which includes: ".
2. Paragraph 3 is amended as follows:
"(3) Within 14 days of signing the contract for security or actual taking of the site for security of art. 5 para. 1, p. 5 persons operating under Art. 5 para. 1 shall inform in writing the authority which issued the license or certification fit under Art. 2 para. 2 pt. 2 and relevant regional directorate of the Ministry of Interior in whose territory the activity takes place. At the same time, the competent authorities shall be notified in writing and disarming. "
§ 15. Article 27 is amended as follows:
" Art. 27. (1) The Head of the security services or security guard can be a person who works primarily employed the position of "head of the security services", respectively "guard" according to the National Classification of Occupations based on an employment contract with a person carrying on business under Art. 5.
(2) Persons operating under Art. 5, may conclude an employment contract only legally capable person with no less than secondary education for the position of "head of the security services" and for the position of "guard" - a legally capable person with no more than primary education what:
1. a citizen of the country - EU member state to another state - party to the Agreement on the European Economic Area or the Swiss Confederation;
2. It has not been convicted for premeditated crime of general nature; 3
. no criminal proceedings for intentionally committed indictable offense;
4. He is mentally and physically healthy.
(3) Upon conclusion of the employment contract the person under par. 2 presents the following documents:
1. document that a citizen of the country - EU member state to another state - party to the Agreement on the European Economic Area or the Swiss Confederation;
2. educational qualification; 3
. criminal record certificate;
4. certificate from the National Investigation Service, that person is not involved as accused of a crime of general nature;
5. certificate from the DA's (Sofia City Prosecutor) at the permanent address of the person that it is not involved as accused of a crime of general nature;
6. Declaration by the person that is not involved as accused of a crime of general nature;
7. medical certificate that the person is physically and mentally healthy.
(4) Citizens of another State - State of the Union to another country - party to the Agreement on the European Economic Area or the Swiss Confederation submit documents equivalent to those mentioned in paragraph. 3 pt. 3-5, issued by a competent authority of the country, accompanied by an official translation into Bulgarian.
(5) The documents under par. 3 and 4 shall be issued not earlier than six months before signing the employment contract with the exception of documents under par. 3 pt. 1 and 2.
(6) Within 14 days of signing the employment contract those operating under Art. 5 notify in writing the competent authority which issued the license or certification fit under Art. 2 para. 2 pt. 2, indicating full name, personal identification number (PIN) or the personal number of the person, the number of employment contracts and the period for which it is concluded. In the same period, the competent authority shall be informed of termination of employment. Notice shall be given by the Director of the Regional Police Directorate in whose territory the working persons under par. 1.
(7) Persons operating under Art. 5 kept for three years after termination of employment and on request for inspection by the competent authorities the documents under par. 3 and 6. "
§ 16. In art. 28 para. 1 and 2 shall be amended as follows:

"(1) The persons occupying the position of" head of the security services "and" guard "complete initial training in schools entitled to train persons for occupation" security guard ". Persons who hold professional qualifications "guard" did not undergo an initial training.
(2) The employees under par. 1 perform work on Guard after successful completion of the course for initial training. "
§ 17. In art. 40 is amended as follows:
1. In para. 1, 'registrations "are deleted.
2. In para. 2:
a) in the text before item. 1, 'registrations "are deleted;
B) points 1 and 2 are amended as follows:
"1. traders or legal entities authorized to provide private security services, refusals to license and revoked licenses;
2. merchants of art. 2 para. 2 pt. 2 which certified the right for private security services; ".
§ 18. In art. 42, para. 1 text before item. 1 is amended as follows: "Whoever operates under Art. 5 without a license or without authentication of art. 2 para. 2 pt. 2 shall be punished ".
§ 19. Article 44 is amended as follows:
"Art. 44. A person carrying on business under Art. 5 does not fulfill its obligations under Art. 18, para. 2 or art. 20 shall be punished with a property sanction amounting to 1,000 lev for each violation. "
§ 20. In additional provision be made the following amendments:
1. The name was changed to "additional provisions".
2. A §1a:
"§ 1a. Ministry of Interior provides the opportunity for adoption of documents under Art. 15, art. 18, para. 2, Art. 20, art. 24, para. 3 and art. 27 para. 6 in electronic form on the terms and conditions of the Electronic Document and Electronic Signature. "
Transitional and Final Provisions
§ 21. Units self-defense operate under the existing procedures within one year of the entry into force of this law.
§ 22. In the Law for weapons, ammunition, explosives and pyrotechnic articles (prom. SG. 73 of 2010 .; amend., SG. 88 of 2010 and SG. 26 of 2011 ) is amended as follows:
1. In art. 17, para. 1 p. 10 is amended as follows:
"10. a copy of the contract with the person performing private security activity in the terms and conditions of the Law on private security; when the security of production sites will be carried out by officers of the person under Art. 13 para. 1, a copy of the document certifying the right to carry on the business of art. 5 para. 1, p. 5 of the Law on private security issued to the person under the Law on private security; ".
2. In art. 37 tons. 4 is amended as follows:
"4. a copy of the contract with the person performing private security activity in the terms and conditions of the Law on private security; when the security of outlets and / or storage will be carried out by officers of the person under Art. 35, para. 1, a copy of the document certifying the right to carry on the business of art. 5 para. 1, p. 5 of the Law on private security issued to the person under the Law on private security; ". 3
. In art. 49 para. 5 is amended as follows:
"(5) The organizer of the trade fair is required one month prior to the start of the exhibition to inform the head of the respective RU Interior Ministry, in whose territory the exhibition is held to present a list of all participants and a copy by contract with a person performing private security services under the terms and procedure of the private security business. When guarding the venue of the trade fair is carried out by employees of the organizer, a copy of the document certifying the right to carry on the business of art. 5 para. 1, p. 5 of the Law on private security issued organizer under the Law on private security activity. "
4. In art. 62 tons. 5 is amended as follows:
"5. a copy of the contract with the person performing private security activity in the terms and conditions of the Law on private security; when guarding the warehouses will be carried out by officers of the person authorized to acquire, a copy of the document certifying the right to carry on the business of art. 5 para. 1, p. 5 of the Law on private security issued to the person under the Law on private security; ".
5. In art. 79, para. 2 t. 4 is amended as follows:
"4. a copy of the contract with the person performing private security activity in the terms and conditions of the Law on private security; when guarding the warehouses will be carried out by officers of the person under par. 1, a copy of the document certifying the right to carry on the business of art. 5 para. 1, p. 5 of the Law on private security issued to the person under the Law on private security; ".
6. In art. 101 tons. 2 shall be amended as follows:

"2. a copy of the contract with the person performing private security activity in the terms and conditions of the Law on private security; when the supply will be guarded by officers of the person under Art. 99, para. 1, a copy of the document certifying the right to carry on the business of art. 5 para. 1, p. 5 of the Law on private security issued to the person under the Law on private security; ".
7. In art. 112, para. 2 t. 4 is amended as follows:
"4. a copy of the contract with the person performing private security activity in the terms and conditions of the Law on private security; when the supply will be guarded by officers of the person under par. 1, a copy of the document certifying the right to carry on the business of art. 5 para. 1, p. 5 of the Law on private security issued to the person under the Law on private security; ".
8. In art. 121, para. 2 t. 8 is amended as follows:
"8. a copy of the contract with the person performing private security activity in the terms and conditions of the Law on private security; when the supply will be guarded by officers of the person under par. 1, a copy of the document certifying the right to carry on the business of art. 5 para. 1, p. 5 of the Law on private security issued to the person under the Law on private security; ".
9. In art. 135 tons. 3 is amended as follows:
"3. a copy of the contract with the person performing private security activity in the terms and conditions of the Law on private security; when the security of the sites for repair will be carried out by officers of the person under Art. 133, para. 1, a copy of the document certifying the right to carry on the business of art. 5 para. 1, p. 5 of the Law on private security issued to the person under the Law on private security; ".
§ 23. In the Law on Forests (SG. 19 of 2011) in art. 195 par. 1 and 2 are amended as follows:
"(1) Owners of forests may conclude contracts with persons engaged in private security services under the terms and procedure of the private security industry to protect the forest areas - owned and notify in writing the regional Directorate of Forestry.
(2) To conduct immediate protection of forest areas persons performing private security services under the terms and provisions of the Law on private security activity, appoint persons with forestry education. "
§ 24. Paragraph 16 shall take effect from January 1, 2012
law was adopted by the 41 th National Assembly on May 25, 2011 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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