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Law Amending The Law On Defense And Armed Forces Of The Republic Of Bulgaria

Original Language Title: Закон за изменение и допълнение на Закона за отбраната и въоръжените сили на Република България

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Name of law
Law amending the Law on Defense and Armed Forces of the Republic of Bulgaria




Name Bill
Bill amending the Law on Defense and Armed Forces of the Republic of Bulgaria





Date of adoption
24/02/2010



Number / year Official Gazette
16/2010






NATIONAL ASSEMBLY


DECREE № 39 Pursuant to Art. 101, para. 3 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Defense and Armed Forces of the Republic of Bulgaria adopted by HLI National Assembly on January 20, 2010, re-adopted on 24 February 2010
Released in Sofia on February 25, 2010
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on Defense and Armed Forces of the Republic of Bulgaria (prom. SG. 35 of 2009 .; amend., SG. 74 , 82, 93 and 99 of 2009)
§ 1. Article 1 shall be amended as follows:
"Art. 1. This law regulates the social relations associated with the defense and the armed forces of the Republic of Bulgaria. "
§ 2. In art. 2 para. 2 is repealed.
§ 3. In art. 11, para. 2 pt. 2 the word "war" is replaced by "defensive".
§ 4. In art. 16 shall be created item. 7:
"7a. take a decision on program and / or project investment cost of acquisition and / or modernization of armament, equipment and equipment for the armed forces, when the value of each of the projects exceeds 100 mln. Levs on a proposal from the Council of Ministers. "
§ 5. In art. 22, para. 2 made the following amendments:
1. In item. 3 the word "war" is replaced by "defensive".
2. In pt. 6 the words "organizational development" shall be deleted. 3
. Point 11 is amended as follows:
"11. adopt a strategy for the development of defense and technological industrial base; ".
4. Created so. 11a and 11b:
"11a. take a decision on program and / or project investment cost of acquisition and / or modernization of armament, equipment and equipment for the armed forces, when the value of each project is 50 to 100 million. lev .;
11b. for adoption by the National Assembly program and / or project investment cost of acquisition and / or modernization of armament, equipment and equipment for the armed forces, when the value of each of the projects exceeds 100 mln. Levs .;. "
5. In item. 22 finally added "on the proposal of the Minister of Defense."
§ 6. In art. 25, para. 2, 'Chief of Defence and deputy ministers "are replaced by" the Deputy Ministers, Permanent Secretary of Defence and Chief of Defence. "
§ 7. In art. 26 be made the following amendments:

1. In pt. 9 and 13 the word "ministry" is replaced by "the Ministry of Defense structures directly subordinate to the Minister of Defence and the Bulgarian Army."
2. A t. 13:
"13a. announces the list of categories of information subject to classification as official secret for the sphere of activity of the Ministry of Defence, the structures directly subordinate to the Minister of Defence and the Bulgarian Army. " 3
. In item. 14 the word "ministry" is replaced by "the Ministry of Defence, the structures directly subordinate to the Minister of Defence and the Bulgarian Army."
4. A t. 15:
"15a. reveals ensures that the courses start and / or special military training at civilian universities, military academies, higher military schools and secondary schools in consultation with their managers with the mayors and the Minister of Education and Science under the terms and an order determined by an ordinance of the Council of Ministers. "
5. In item. 25 and 26 the word "ministry" is replaced by "the Ministry of Defence, the structures directly subordinate to the Minister of Defence and the Bulgarian Army."
6. A t. 31a:
"31a. approve program and / or project investment cost of acquisition and / or modernization of armament, equipment and equipment for the armed forces, when the value of each project does not exceed 50 million. lev. "
§ 8. In art. 27 be made the following amendments:
1. In item. 1 the word "war" is replaced by "defensive".
2. Point 2 is amended as follows:
"2. draft plan for development of the armed forces; ". 3
. A t. 3a:
"3a. proposal for the award of wartime tasks for the defense of the state authorities, local government and local administration and legal persons; proposal for the award of wartime tasks of legal entities shall be agreed with the President of the State Agency "State Reserve and War-time Stocks". "
4. In pt. 6 the word "ministry" is replaced by "the Ministry of Defence, the structures directly subordinate to the Minister of Defence and the Bulgarian Army."
5. Section 8 is amended as follows:
"8. draft strategy for the development of defense and technological industrial base together with the Minister of Economy, Energy and Tourism; ".
6. A t. 8:
"8. program and / or project investment cost of acquisition and / or modernization of armament, equipment and equipment for the armed forces, when the value of each of the projects exceeds 50 million. lev .;. "
7. A p. 10:

"10. projects for the construction and development of integrated communication and information management system of the country and the armed forces in emergency situations when martial law or a state of war. "
§ 9. In art. 28, para. 1, p. 2 the word "foreign" is deleted.
§ 10. Article 30 is repealed.
§ 11. In art. 31 para. 2 is repealed.
§ 12. Article 33 is amended as follows:
"Art. 33. (1) The Minister of Defence is created Defence Council, which is a collegial advisory body to the Minister of Defence and includes the deputy ministers of Defence, Chief of the Political Cabinet, Permanent Secretary of Defence, Chief of Defence and his deputies, Commander Joint operational command, the chief of the Land forces, Air force and Navy.
(2) meetings of the defense by decision of the Minister of Defence can participate and others outside persons under par. 1.
(3) Defence Council support the Minister of Defence, as it is submitted for discussion:
1. project of National Defence Strategy;
2. draft regulations of the Ministry of Defence; 3
. The draft budget of the Ministry;
4. draft plan for development of the armed forces;
5. proposals for appointment and dismissal of senior command officers and awarding of the highest military ranks.
(4) The Minister of Defense shall submit to the Council for defense and other issues.
(5) The Minister of Defence shall determine the rules for work and agenda of meetings of the defense.
(6) The Minister of Defence informed the Supreme Commander for meetings of the defense.
(7) The Minister of Defence in his order determine the composition of the Programme Council, Council defense capabilities and armaments and Council adopt regulations on their activities. "
§ 13. In art. 35 be made the following amendments:
1. A new paragraph. 2:
"(2) The Minister of Internal Affairs coordinates the activities of the components of the Integrated Rescue System in protecting the population and carry out activities and tasks under the State Wartime Plan."
2. Former para. 2 becomes para. 3 and the words "Ministry of Defense" are replaced by "the Ministry of Defence, the structures directly subordinate to the Minister of Defence and the Bulgarian Army." 3
. Former para. 3 becomes para. 4.
§ 14. Article 39 is repealed.
§ 15. Article 50 is amended as follows:
"Art. 50. (1) The Armed Forces of the Republic of Bulgaria include:
1. Bulgarian Army;
2. "Military Police"; 3
. "Military Information";
4. military academies and higher military schools;
5. Military Medical Academy;
6. National Guard;
7. Armed Forces reserve.

(2) of the armed forces in wartime can include structures of other forces of the national security system of the Republic of Bulgaria under the terms and conditions set by the Council of Ministers.
(3) servicemen of the Defense Ministry are part of the personnel of the armed forces. "
§ 16. Article 54 is amended as follows:
" Art. 54. The Armed Forces of the Republic of Bulgaria perform their tasks based on:
1. strategic action plans of the armed forces;
2. Plans for the operations of the armed forces. "
§ 17. In art. 55 para. 5 is repealed.
§ 18. In art. 58 pt. 2, the words "and specialized military units" are replaced by "military units and structures of art. 50, para. 2 ".
§ 19. In Chapter Three, Section I create art. 60a - 60e:
"Art. 60a. (1) The Bulgarian army is a national military institution on the Bulgarian armed forces.
(2) Bulgarian army includes Joint Operational Command, three types of armed forces and formations for training, maintenance and logistics.
Art. 60b. (1) Joint operational command structure is to plan and conduct operations throughout the country and beyond.
(2) Joint Operational Command:
1. develop plans for operations of the armed forces in peacetime and in wartime;
2. conduct joint training of Bulgarian Army; 3
. the operational management of the rescue forces and means of the Bulgarian army;
4. coordinate the participation of units from the Bulgarian army in joint training with the forces of NATO allies and European Union;
5. collect, analyze and summarize the experience of the involvement of armed forces in missions, operations, exercises and training with the aim of implementation in the preparation of the armed forces.
Art. 60c. (1) The Armed Forces of art. 60a para. 2 is Land Forces, Air Force and Navy.
(2) of the Armed Forces are led respectively by heads of the Land Forces, Air Force and Navy, which are assisted by deputies and staffs.
Art. 60g. Formations for training, maintenance and logistics of art. 60a para. 2 may be in the composition of the Armed Forces or directly to the Chief of Defence.
Art. 60e. Organizational structure, controls, subordination, number, dislocation, armament, equipment and material resources of the Joint Operation Command of the Armed Forces and formations for training, maintenance and logistics of the composition of the Bulgarian army and the reserve armed forces determined by the development plan of the armed forces. "
§ 20. In art. 71 shall be created para. 4:

"(4) The period of secondment under par. 1 can once without the consent of the servicemen to be extended to 30 calendar days by the Minister of Defense motivated proposal of the Chief of Defence. "
§ 21. In art. 72, para. 3 word "obedience" is replaced by "management".
§ 22. The title of Chapter IV is amended as follows: "Management of the Ministry of Defence, the structures directly subordinated to the Minister of Defence and the Bulgarian Army."
§ 23. Article 77 is amended as follows:
"Art. 77. (1) The Ministry of Defence supports the Minister of Defense in the exercise of his powers as a central body of executive power and its activities on leadership and command of the armed forces.
(2) The Ministry of Defense include:
1. Staff of Defence;
2. general administration; 3
. specialized administration. "
§ 24. Article 78 is amended as follows:
" Art. 78. structures directly subordinated to the Minister of Defence are the "Military Information", "Military Police", the military academies and higher military schools Military Academy, the National Guard, the National Military Museum and other structures established by law or act Council of Ministers. "
§ 25. Article 79 is amended as follows:
" Art. 79. (1) The Permanent Secretary of Defence senior official in the Ministry of Defence.
(2) Permanent Secretary of Defence may be appointed civil servant who has performed leading position in the state administration no less than three years under appraisal received the highest score compared to other candidates or were executive authority under the law on administration, which has performed managerial position for at least three years, and there are no less than four years to entitlement to pension and age to fulfill its mandate in full volume.
(3) The Permanent Secretary of Defence appointed by the Minister of Defence after selection for a period of four years in consultation with the Prime Minister.
(4) In order for the appointment of the Permanent Secretary of Defence determines the highest level of senior ranking civil servant.
(5) The Permanent Secretary of Defence has all the rights under service contracts than those that contradict or are incompatible with his status. "
§ 26. Article 80 is amended as follows:
" Art. 80. The Permanent Secretary of Defence assist the Minister of Defence in carrying out its functions under formulation and execution of defense policy and the management of human, material and financial resources for its implementation. "
§ 27. Article 81 is amended as follows: || | "Art. 81. (1) The Permanent Secretary of Defence directly manage and be responsible for:

1. preparation and updating of legislation regulating the structure and activities of the Ministry of Defence;
2. defense planning, programming and budgeting; 3
. monitoring of budget implementation;
4. planning and monitoring of the implementation of construction projects, supplies and services for the construction of the planned defense capabilities;
5. the activities of international military cooperation;
6. the development and effectiveness of the administration and administrative procedures and information support of the Ministry of Defence;
7. development and implementation of measures to prevent conflicts of interest and conditions for corruption;
8. training and career development of civil servants;
9. interaction with non-governmental organizations, trade unions and professional organizations;
10. accountability and transparency of the implementation and results of defense policy.
(2) The Permanent Secretary of Defence performs other functions assigned to it under the Rules of the Ministry of Defence or by the Minister of Defence.
(3) The Permanent Secretary is entitled to receive necessary to perform its functions and information to be assisted by the Staff of Defense of the heads of the Armed Forces, offices and other structures directly subordinate to the Minister of Defense. "| || § 28. Article 82 is amended as follows:
"Art. 82. The powers of the Permanent Secretary shall be terminated early by the Minister of Defence in coordination with the Prime Minister in the following cases:
1. by mutual consent expressed in writing;
2. at its request, expressed in writing; 3
. in unsatisfactory evaluation for his work set by appointed by the Minister of Defense Attestation Commission under the terms and conditions determined by the Rules of the Ministry of Defence;
4. inability to perform his duties for more than 6 months;
5. the entry into force of the act which established conflict of interest under the Law on prevention and disclosure of conflicts of interest;
6. the entry into force of the sentence that has been imposed punishment for a premeditated crime of general nature;
7. death or incapacitation. "
§ 29. Article 83 is amended as follows:
" Art. 83. (1) The Chief of Defence is the most senior officer with higher military rank and supervisor of all servicemen of the armed forces.
(2) The Chief of Defence is appointed by the President upon the proposal of the Council of Ministers for a term of 4 years.
(3) The Chief of Defence is directly subordinate to the defense minister.

(4) The Chief of Defence is subordinate to the President of the Republic in exercising his powers of supreme commander of the armed forces.
(5) The Chief of Defence exercise his powers immediately by the Commander of the Joint Operational Command, or by the heads of the Armed Forces in accordance with the Constitution, laws, statutes of the Armed Forces and Minister of Defense. "
§ 30. Article 84 is amended as follows:
"Art. 84. The Chief of Defence assist the Minister of Defence in carrying out its functions under preparation and execution of defense policy and the use of armed forces. "
§ 31. Article 85 is amended as follows:
" Art. 85. (1) The Chief of Defence directly manage and be responsible for:
1. preparation of orders of the Minister of Defence for the use of units of the Bulgarian Army and proposals to bring the armed forces or part of them in a higher degree of combat readiness;
2. proposals to the Minister of Defense announcement of general and partial mobilization; 3
. drafting of rules and procedures for cases of use of weapons and combat vehicles under Art. 28, para. 1;
4. preparation of a national defense strategy and strategic action plans of the armed forces;
5. introduction into and the decommissioning of weapons and equipment;
6. preparation of doctrines, concepts for conducting operations and training standards and the use of troops and forces;
7. determination of the necessary defense capabilities;
8. combat training and state of the operational capabilities of the Bulgarian army;
9. the development of the statutes of the armed forces;
10. activity of Staff of Defense.
(2) The Chief of Defence performs other functions assigned to it by the Rules of the Ministry of Defence or by the Minister of Defence.
(3) The Chief of Defence is entitled to receive necessary to perform its functions and information be supported by general and specialized administration, offices and other structures directly subordinate to the Minister of Defense. "
§ 32 . Article 86 is amended as follows:
"Art. 86. The powers of the Chief of Defence terminated early by the President on the proposal of the Council of Ministers in the following cases:
1. at his request, stated in writing;
2. inability to perform his duties for more than 6 months; 3
. the entry into force of the act which established conflict of interest under the Law on prevention and disclosure of conflicts of interest;
4. the entry into force of the sentence that has been imposed punishment for a premeditated crime of general nature;

5. death or incapacitation. "
§ 33. Article 87 is amended as follows:
" Art. 87. In exercising its powers Permanent Secretary and Chief of Defence issued orders, instructions and guidelines. "
§ 34. Article 88 is amended as follows:
" Art. 88. General Administration provides administrative, informational and organizational and technical support of the Ministry of Defence. "
§ 35. Article 89 is amended as follows:
" Art. 89. Specialized Administration and the Defence Headquarters assist the Minister of Defence in carrying out its mandate. "
§ 36. Article 90 is amended as follows:
" Art. 90. The structure and operation of general, specialized administration and of Staff of Defense shall be governed by regulations of the Ministry of Defense adopted by the Council of Ministers. "
§ 37. Article 91 is amended as follows:
" Art. 91. The structures of Staff of Defense, general and specialized administration coordinate activities conditions, processes and procedures established by instruction of the Minister of Defense. "
§ 38. Article 92 is amended as follows:
" Art. 92. (1) Military Academy created and converted by the Council of Ministers on a proposal of the Minister of Defence coordinated with the Minister of Health and apply the Hospitals Act, unless this Act provides otherwise.
(2) The structure and operation of the Military Medical Academy are determined by regulations to be adopted by the Council of Ministers on a proposal of the Minister of Defence coordinated with the Minister of Health.
(3) Military Medical Academy conducts postgraduate training of doctors, dentists and pharmacists and training of students in medical specialties which are accredited under the Hospitals Act.
(4) Military Medical Academy conducts training for acquiring the educational and scientific degree "doctor" in scientific specialties accredited by the Higher Education Act. "
§ 39. Article 93 is amended as follows:
" Art. 93. (1) The military academies and higher military schools shall be established by the National Assembly.
(2) acts to create or convert military academies and higher military schools determine their type, name, registered office, objects, controls, organizational structure and provided them to manage real estate.
(3) The Minister of Education and Science of the Minister of Defense can create professional colleges for the training of sergeants (sergeant) for acquiring fourth degree of professional qualification in the Vocational Education and Training .

(4) Training centers to prepare soldiers (sailors) are created by the Minister of Defence.
(5) Vocational College under par. 3 and / or training center under par. 4 can be subordinated to the Chief of the higher military school and can use real estate, training facilities, administrative and information services and teaching staff from relevant higher military school under conditions and procedures specified by the order for its creation. "
§ 40. Article 94 is amended as follows:
"Art. 94. (1) The military academies and higher military schools provisions of the Higher Education Act and the Academic Degrees and Titles and vocational colleges - Law on Vocational Education and Training and Education Act, unless this Act and the acts creating them otherwise.
(2) Military academies and higher military schools and professional colleges carry out other training activities, qualifications and training of military personnel, civilian employees, employees of other ministries and departments and citizens under conditions and procedures specified by an act of Minister of Defence. Financial support for these activities from the budget of the Defense Ministry and the expense of the budgets of the respective ministries and departments.
(3) control over the drafting and implementation of the budgets of military academies and higher military schools is carried out in an order determined by an act of the Minister of Defense. "
§ 41. Article 95 is amended as follows:
" Art. 95. (1) The rules for the structure and activities of military academies and higher military schools shall be adopted by the Council of Ministers on a proposal of the Minister of Defence coordinated with the Minister of Education and Science.
(2) The rules of organization and operation of vocational colleges are issued by the Minister of Defence.
(3) The specialties and curricula in military academies and higher military schools approved by the Minister of Defence coordinated with the Minister of Education and Science.
(4) The state education requirements, majors, curricula and lists state plan for admission in professional colleges approved by the Minister of Defence coordinated with the Minister of Education and Science.
(5) training in military specialties military academies and higher military schools provide training and relevant accredited civilian specialty and provide relevant degrees at accredited military and civilian fields.

(6) Military academies and higher military schools can provide training to undergraduate and graduate students to acquire a degree "bachelor" or "master" in specialties accredited professional fields and educational and scientific degree "doctor" in accredited scientific specialties.
(7) Instruments of professional qualifications acquired in vocational colleges issued by the directors of professional colleges. "
§ 42. Article 96 is amended as follows:
" Art. 96. (1) The military academies and higher military schools and subjects them to acquire higher education degrees, as well as scientific specialties are accredited under the terms and conditions set out in the Higher Education Act.
(2) the composition of accreditation commissions on accreditation under par. 1 include representatives of the Ministry of Defence determined by the Minister. "
§ 43. Article 97 is amended as follows:
" Art. 97. (1) The heads and deputy heads of military academies and higher military schools and the Military Medical Academy, directors of professional colleges and educational centers are soldiers who are appointed and dismissed under the terms and provisions of this Act.
(2) The deputy heads in academic and scientific part of the military academies and higher military schools and deputy heads in educational research and diagnostic medical care at the Military Medical Academy have academic rank.
(3) Faculties in the composition of the military academies and higher military schools are managed by Deans who are servicemen and academic rank. They are chosen on the terms and conditions set out in the Higher Education Act, and shall be appointed by the heads of the military colleges.
(4) academic staff of military academies and higher military schools consists of military and civilian staff holding teaching, research and teaching and research positions.
(5) Military academies and higher military schools can attract foreigners to science teaching and teaching positions.
(6) The teaching staff in vocational colleges instructors - military and civilian personnel with education and training in the respective specialty. "
§ 44. Article 98 is amended as follows:
" Art. 98. (1) The trainee officers to acquire a degree "master" in specialties from professional direction "Military" listeners are.
(2) Trainees in higher military schools full-time training for the Ministry of Defense are cadets.
(3) Trainees troops in vocational colleges cadets.

(4) listeners, cadets and cadets do not pay tuition fees.
(5) The rights and obligations of listeners, cadets and cadets shall be determined by rules of organization and operation of military academies and higher military schools and vocational colleges. "
§ 45. Article 99 is amended as follows: || | "Art. 99. (1) Removal of students of military academies and higher military schools and vocational colleges is carried out under conditions and procedures specified by the regulations for the structure and activity.
(2) eliminate a disciplinary order from the military academies and higher military schools and vocational colleges can not recover rights and be accepted for re-training. "
§ 46. Article 100 is amended as follows:
" Art. 100. (1) "Military Information" and the "Military Police" are legal entities the budget.
(2) The heads of departments under par. 1 shall be appointed by the Minister of Defence or his proposal in an order determined by this Act and the regulations for its implementation.
(3) The heads of departments under par. 1 are directly subordinate to the defense minister.
(4) The Minister of Defense approved codes of conduct of the employees in offices under par. 1.
(5) The organization and operation of services under paragraph. 1, the specific arrangements for the appointment of personnel and execution and termination of service they shall be determined by regulations adopted by the Council of Ministers. "
§ 47. Article 101 is amended as follows:
" Art. 101. (1) "Military Information" collect, process, analyze, store and provide information in the interest of national security and defense.
(2) "Military Information" provides equal in volume and uniform in content information to the President of the Republic, the Speaker of Parliament, Prime Minister and Minister of Defence.
(3) The Minister of Defense may assign additional tasks to the "Military information" related to national security and defense.
(4) In the performance of their duties by military service "Military information" can take a cover and positions in the state administration and legal entities under terms and conditions established by the Council of Ministers. "
§ 48. Article 102 is amended as follows:
"Art. 102. (1) "Military Police" is a service of the Ministry of Defence:
1. the maintenance of order and security in the Ministry of Defence, the structures directly subordinated to the Minister of Defence and the Bulgarian Army and security of personnel alone and in conjunction with other security and public order;

2. preventing and detecting criminal offenses committed by or in complicity with military and civilian officials from the Ministry of Defence, the structures directly subordinated to the Minister of Defence and the Bulgarian Army and / or complex sites and facilities of the Ministry, as and investigation of crimes in the cases and under the Criminal procedure Code; 3
. security and / or control of security events, objects and persons from the Ministry of Defence, the structures directly subordinated to the Minister of Defence and the Bulgarian Army on vehicles which carry personnel, property, money, military equipment, weapons, ammunition and other dangerous means of warehouses with weapons, ammunition and hazardous materials, as well as foreign military units and troops delegations and inspections;
4. participation in the maintenance of order in military formations in operations and missions outside the country;
5. self-realization and / or in cooperation with other bodies of anti-terrorist activity in the armed forces;
6. investigation of civil aviation accidents and incidents involving military aircraft;
7. collecting, processing, storing, analyzing, using and providing information related to the performance of the service;
8. implementation of fire control at the premises of the Ministry of Defence and the structures directly subordinate to the Minister of Defence.
(2) "Military Police" operates independently and / or together with other state bodies, organizations and citizens are obliged to assist it and to provide the necessary information relating to the performance of functions under par. 1.
(3) In exercising their legal authority bodies of the "Military Police" are independent from managers, commanders and captains in structures directly subordinate to the Minister of Defence and the Bulgarian Army. The procedure for the exercise of powers by the authorities of the "Military Police" in the structures of the "Military Information" is defined by an act of the Minister of Defence.
(4) "Military Police" was organized in leadership, regional offices and Military police units. "
§ 49. Article 103 is amended as follows:
" Art. 103. (1) The bodies of the "Military Police" are military and civilian personnel under a service contract through which the service carry out its functions.
(2) In performing its functions the bodies of the "Military Police" are entitled to:

1. to carry out operational-search activities through specific ways and means as well as through the use of special intelligence means in order established by the Law on Special Intelligence Means and by involved as volunteers servicemen and citizens;
2. retain no more than 24 hours:
a) soldier or civilian employee of the Ministry of Defence, the structures directly subordinated to the Minister of Defence or the Bulgarian army, for which there is data that has committed a crime;
B) a person for whom there is evidence that a crime was committed in complicity with officials from the Ministry of Defence, the structures directly subordinated to the Minister of Defence or the Bulgarian army and / or complex sites and facilities of the Ministry of defense or structures directly subordinate to the Minister of Defence;
C) a person who, after due warning deliberately prevents Military police authority to perform their duties, disturb public order and cease its activities;
D) a person who is in the territory of sites and facilities of the Ministry of Defence or the structures directly subordinate to the defense minister and whose identity can not be ascertained in the manner specified in Art. 61, para. 2 of the Ministry of Interior;
E) in other cases determined by law or international treaty to which Bulgaria is a party; 3
. to carry out a personal search of persons under p. 2; The search can be performed only by a person who belongs to the sex of the raid; in case of performed search is drawn up;
4. to detect and investigate criminal offenses under Art. 102, para. 1, p. 2;
5. require, collect and provide information related to the maintenance of order and security in the Ministry of Defence, the structures directly subordinated to the Minister of Defence and the Bulgarian Army;
6. to collect and store information for the police registration of persons under Art. 102, para. 1 pt. 2, which are indicted for intentionally committed indictable offense;
7. to carry out checks to establish the identity and actions of identification of persons under Art. 102, para. 1 pt. 2, for which there is evidence that they committed crimes or violations of the order in the Ministry of Defence, the structures directly subordinated to the Minister of Defence and the Bulgarian Army;
8. to use physical force and auxiliary means and weapons as a last resort in the performance of their duties only if they can not be achieved otherwise;

9. to monitor compliance with the rules of the road by drivers of military vehicles and soldiers of organized groups.
(3) The modalities for implementation of activities under Art. 102 and 103 are defined by the regulations of art. 100, para. 5 and terms and conditions for attracting and working with volunteers are determined by the Minister of Defense. "
§ 50. Article 104 is amended as follows:
" Art. 104. (1) From the time of his arrest persons under Art. 103, para. 2 pt. 2 entitled:
1. Defender;
2. immediately informed of the grounds for keeping them in a language they understand; 3
. appeal to the courts the legality of his detention, the court ruled on the appeal immediately.
(2) keeping the bodies of the "Military Police" shall immediately notify the person designated by the detainee.
(3) The bodies of the "Military Police" may issue written or verbal orders to officials at the Ministry of Defence, the structures directly subordinated to the Minister of Defence and the Bulgarian Army within their powers.
(4) Military personnel and civilian employees under service contracts by the "Military Police" can carry service weapons under conditions and procedures specified by instruction of the head of service. "
§ 51. Article 105 is amended as follows :
"Art. 105. (1) The National Guard representative military formation and is a legal entity - a secondary authorizing officer to the Minister of Defence.
(2) The structure, organization and procedure for use of the National Guard are determined by regulations adopted by the Council of Ministers. "
§ 52. Article 106 is amended as follows:
" Art. 106. (1) The Minister of Defence carried out control functions in the field of defense by Inspectorate.
(2) The Inspectorate is headed by chief inspector of the Ministry of Defence, which is directly subordinate to the defense minister.
(3) The Inspectorate supervises compliance with regulations and orders of the Minister of Defence and the lawfulness of the administrative activities of the Ministry of Defence, the structures directly subordinated to the Minister of Defence and the Bulgarian Army.
(4) The Inspectorate carries out inspections of combat training, defense and mobilization training, military order and discipline and the operational capabilities of the formations of the Bulgarian Army.
(5) The Inspectorate investigates proposals, alerts and complaints of physical or legal persons to the Minister of Defence and inform them of the decisions taken and the measures taken.
(6) The Inspectorate supervises and investigates the Law on prevention and disclosure of conflicts of interest.

(7) The Inspectorate carries out support and control the implementation of the recommendations and suggestions of the Ombudsman of the Republic of Bulgaria.
(8) The Inspectorate carries out its activities in accordance with this Act and the administration.
(9) Organization of the work of the inspectorate, the types of checks, as well as terms and conditions for their performance shall be determined by the Minister of Defense. "
§ 53. Article 107 is amended as follows:
" Art . 107. (1) The National Military Museum is a cultural and scientific institute that carries out activities in discovering, researching, preserving and presenting the cultural values ​​and patterns of cognitive, educational and aesthetic purposes related to the military history of Bulgaria under the terms and conditions of the cultural Heritage Act.
(2) The National Military Museum carries out research activities, registration, protection and maintenance of military monuments.
(3) The National Museum of Military History is a legal entity - a secondary authorizing officer to the Minister of Defence.
(4) The structure and operation of the National Museum of Military History is determined by regulations of the Minister of Defence coordinated with the Minister of Culture. "
§ 54. In art. 130 made the following amendments:
1. A new paragraph. 2:
"(2) The control over aviation in the airspace of the Republic of Bulgaria in the activities under par. 1 is carried out by Bulgarian army together with the specialized structures of the Ministry of Transport, Information Technology and Communications, the Ministry of Interior, Ministry of Foreign Affairs and the State Agency "National Security" under terms and conditions determined by an ordinance of the Council of Ministers. "
2. Former para. 2 becomes para. 3.
§ 55. Article 133 is amended as follows:
"Art. 133. (1) Military service is a public service particularly intended for the preparation and implementation of the armed defense of the country. Citizens enrolled for military service are soldiers.
(2) Military service during peacetime is implemented as a profession in the Ministry of Defence, the Bulgarian army, within the structures directly subordinated to the Minister of Defense and other government bodies and departments under the terms and conditions set by this Act, the regulations for its implementation, with the statutes of the armed forces and with the contract. "
§ 56. In art. 134, para. 1, 'as a profession in military formations and units of the Ministry of Defense "are deleted.
§ 57. A Art. 134a:
"Art. 134a. (1) contract by the performance of military service arises under a contract for military service.

(2) The contract for military service must determine the name of the position to which the serviceman is appointed, its corresponding military rank, period of service, conditions of training and upskilling its terms and conditions for career development, rights, obligations and responsibilities of the parties. "
§ 58. Article 135 is amended as follows:
" Art. 135. (1) Servicemen are officers, sergeants (sergeant), soldiers (sailors).
(2) The cadets are soldiers with special status. "
§ 59. Article 138 is amended as follows:
" Art. 138. (1) The military ranks are:





In the Army and the Air Force


Navy




1. Soldier ranks







Private - first class
Private - second class
Private - third grade


Matros - first class
Matros - second class
Matros - third grade




Corporal - first class

Corporal - second class


Senior sailor - first class
Senior sailor - second class




2. sergeant ranks


Sergeant ranks




Junior Sergeant


Petty Officer Grade II




Sergeant


Petty grade I




Sergeant


Chief Petty Officer




Petty


Ensign




3. Title Officer Candidate







Officer Candidate -
1st Class
Officer Candidate -
2nd Class


Officer candidate
STA - first class
Officer candidate
STA - second class




4. junior officer ranks







Lieutenant


Lieutenant




Lieutenant


Lieutenant




Captain


Captain Lieutenant




5. Senior officer ranks







Major


Captain III rank




Colonel



Captain II rank




Colonel


Captain I rank




6. Senior officer ranks







Brigadier


Commodore




Major General


Admiral




Lieutenant


Vice Admiral




General


Admiral






(2) cadets in the higher military schools are assigned ranks:
1. cadet;
2. Cadet-Junior Sergeant (for Navy - cadet-sergeant Grade II); 3
. Cadet Sergeant (for Navy - cadet sergeant-I class);
4. cadet-sergeant (for Navy - Cadet Chief Petty Officer);
5. cadet-sergeant (for Navy - cadet-Ensign). "
§ 60. Article 139 is amended as follows:
" Art. 139. The adoption and implementation of military service of military personnel based on the principle of non-discrimination and equal opportunities for professional development in accordance with pre-established requirements and criteria for positions in the armed forces. "
§ 61. In art. 141 made the following amendments:
1. In para. 1:
a) in item. 1 after the words "and secondary or higher education - to" insert "the officer candidates";
B) in item. 2, after the words "33 years - to 'add' and officers 'candidates';
In) the item. 9:
"9. are psychologically suitable. "
2. In para. 2, 'and psychologists' are deleted. 3
. Paragraph 3 is amended as follows:
"(3) The psychological suitability for military service is determined by specialized units and bodies psychological insurance terms and conditions determined by an act of the Minister of Defense."
4. In para. 5 'persons with dual or foreign citizenship or stateless "are replaced by" Bulgarian citizens with dual citizenship. "
§ 62. Article 142 is amended as follows:
"Art. 142. (1) The terms and conditions for admission to military academies, higher military schools and vocational colleges are determined by the Minister of Defence.
(2) cadets contracts for military service, in which term includes the period of training. For the duration of study in higher military schools cadets prepare for the performance of military service as a profession and providing them:
1. full state support;
2. free medical care; 3
. choice in the collective management bodies of higher military school;
4. vacation of 30 calendar days for the school year in order and under conditions determined by the regulations for the structure and activity of higher military schools;

5. Scholarship conditions, order and in amounts determined by an act of the Minister of Defence;
6. compulsory insurance against death and disability due to accident or on occasion performing duties in connection with their preparation for fulfilling military service.
(3) The time for training cadets not count toward seniority.
(4) The cadets are rising in the ranks of art. 138, para. 2 by order of the head of the Higher Military School in the terms and conditions specified in the Rules of Organization and its activities.
(5) Graduates training cadets are required to perform military service for a period not shorter than 10 years.
(6) The rights and obligations of trainees under par. 1 shall be determined by rules of organization and operation of military academies and higher military schools and in contract military service. "
§ 63. In art. 144 is amended as follows:
1. In para. 1 second sentence is amended as follows: "It goes initial and special military training in higher military school, college or training center, except when it was military service."
2. Paragraph 3 is amended as follows:
"(3) The term of the contract with persons under par. 1 can not be less than seven years for officers, five years for candidates officers and sergeants (petty) and three years for soldiers (sailors). "
Third. Paragraphs 4 and 5 shall be repealed.
§ 64. In art. 146 tons. 3 is amended as follows:
"3. officers of candidates to the sergeants (petty) and soldiers (sailors) - by order of the minister of defense or authorized by officials. "
§ 65. In art. 147 is amended as follows:
1. In para. 1 the words "Ministry of Defense" are replaced by "the Ministry of Defense structures directly subordinate to the Minister of Defence and the Bulgarian Army."
2. Paragraphs 3 and 4 are amended as follows:
"(3) Upon application, the applicant applied criminal record and signed declaration of the circumstances under Art. 141, para. 1 pt. 5 - 7.
(4) Upon receiving training in higher military schools candidate applies criminal record and sign the declaration under par. 3. "
§ 66. Article 148 is amended as follows:
" Art. 148. (1) The contracts for military service concluded with Defence Minister or authorized by officials.
(2) The terms and additional conditions for concluding the contract for military service are determined by the implementing regulation of the law. "
§ 67. A Art. 148a:
"Art. 148a. (1) Upon signing the contract for military service serviceman submit a declaration of property status and income, a statement that is not a member of any political party, and a declaration of no circumstances under Art. 188.
(2) Where the property status of servicemen submit a declaration within one month of its occurrence. "

§ 68. In art. 149 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) A serviceman entered the service at its destination within 10 days from the date of signing the contract for military service and making military oath, which is certified by signing the oath sheet and act inauguration. "
2. Paragraph 3 is amended as follows:
"(3) If for reasons beyond his control serviceman not enter the service or not sworn in within the period under par. 1 is setting a new deadline to intervene. "
§ 69. Articles 150 and 151 are canceled.
§ 70. Article 152 is amended as follows:
"Art. 152. (1) If the serviceman does not submit declarations under Art. 148a para. 1 does not enter the service or not sworn in, the employment of the implementation of military service is considered to have arisen, unless this is due to reasons beyond his control.
(2) Implementation of military service began with the laying of the military oath and inauguration. "
§ 71. In art. 154 par. 2 is repealed.
§ 72. In art. 155, para. 3 after the word "private" insert "first class" and after the word "sailor" insert "first class".
§ 73. In art. 157 par. 3 is amended as follows:
"(3) The criteria, conditions and procedures for the appraisal shall be determined by the Minister of Defense."
§ 74. In art. 160 be made the following amendments:
1. In para. 1:
a) in item. 1 the number "49" is replaced by "45";
B) in item. 2 after the words "sergeants (petty)" a comma and added "the officer candidates";
C) pt. 7 the number "60" is replaced by "58";
D) in Item. 8 the number "60" is replaced by "59".
2. In para. 2 words "up to", "including" and "or scientific degree" Doctor of Science "are deleted. 3
. Paragraph 3 is amended as follows:
"(3) By decision of the Minister of Defense persons with academic title" professor "or" Senior Fellow Grade II "and" professor "or" senior researcher grade I "may continue to hold office until the age of 60 years. "
§ 75. Article 161 is amended as follows:
" Art. 161. The contract for military service is terminated:
1. the officers of the senior command structure - by the Minister of Defense based on the decree of the President of the Republic for exemption from military service on a proposal from the Council of Ministers;
2. other officers - by the Minister of Defense or authorized by officials; 3
. of sergeants (petty) and soldiers (sailors) - by order of the minister of defense or authorized by officials. "
§ 76. In art. 162 be made the following amendments:
1. In the text before item. 1, 'legal relationship for the performance of military service is terminated "are replaced by" contract military service is terminated and serviceman is released from military service. "
2. A t. 1a:
"1a. with the expiry of the agreed period; ". 3
. Point 3 is amended as follows:

"3. in occurred incapacity or psychological unfitness established by military medical authorities, respectively the bodies of art. 141, para. 3. "
§ 77. In art. 163, para. 1, 'legal relationship for the performance of military service may be terminated "are replaced by" contract military service is terminated and serviceman is released from military service. "
§ 78. In art. 164 is amended as follows:
1. In the text before item. 1, 'legal relationship for the performance of military service may be terminated "are replaced by" contract for military service may be terminated and serviceman to release from military service. "
2. Points 2 and 3 are amended as follows:
"2. changes in the requirements for the position on the classification of the positions of soldiers in the Ministry of Defence structures directly subordinate to the Minister of Defence and the Bulgarian Army serviceman who does not meet; 3
. a time limit for standing senior officer ranks of servicemen and inability to offer a position requiring a higher military rank and corresponding education and professional qualification; ".
§ 79. In art. 165 be made the following amendments:
1. In the text before item. 1, 'legal relationship for the performance of military service is terminated "are replaced by" contract military service is terminated and serviceman is released from military service. "
2. In item. 1 shall be added "except under Art. 141, para. 5 ". 3
. In pt. 5, the words "when the incompatibility is art. 188, para. 2 pt. 1 shall be terminated at the discretion of the appointing authority with one of the two soldiers "are deleted.
4. Point 6 is repealed.
5. Points 7 and 8 are amended as follows:
"7. a refusal to issue, upon withdrawal of permission for access to classified information or denial of servicemen to apply for study in the terms and conditions of the Law on Protection of Classified Information;
8. when the maximum term for staying in senior officer ranks of servicemen and refusal to take the offered position requiring a higher military rank and corresponding education and professional qualification; ".
6. Section 10 is repealed.
§ 80. In art. 166, para. 1 in the text before item. 1, 'relationship to the performance of military service "are replaced by" contract for military service and exemption from military service. "
§ 81. In art. 167 par. 1 is amended as follows:
"(1) In the cases of art. 164 pt. 1 and 2 in the period of notice servicemen can apply for appointment to the new post. "
§ 82. In art. 168 words' relationship to implement the "be replaced by" contract. "
§ 83. Article 169 is amended as follows:

"Art. 169. Servicemen are entitled to pensions under Art. 69 of the Social Security Code shall be exempt from military service at their request by the Minister of Defence or authorized by him shall under Art. 161 pt. 2 and 3. "
§ 84. In art. 170, para. 1 in the text before item. 1, 'legal relationship in the implementation of "be replaced by" Treaty ".
§ 85. Article 171 is amended as follows:
"Art. 171. (1) Servicemen may appeal the order to terminate the contract for military service and exemption from military service under the Administrative Code.
(2) appeal against the order to terminate the contract for military service and exemption from military service does not stop its implementation.
(3) production under par. 1 does not collect state taxes. "
§ 86. In art. 174 be made the following amendments:
1. In para. 1 the words "approved by" be replaced with "designated by order of."
2. A par. 3:
"(3) The order under par. 1 Minister of Defense determines the order to wear uniform and insignia of retired servicemen, war veterans and war invalids. "
§ 87. In art. 178, para. 1 the words "Ministry of Defense" are replaced by "for leadership of Defense officials to manage defense and armed forces."
§ 88. In art. 182, para. 3 finally put a comma and added "when you wear a military uniform."
§ 89. Everywhere in the art. 183 after the word "religious" insert "atheistic, political and ideological."
§ 90. In art. 186 be made the following amendments:
1. In para. 1:
a) in the first sentence the words "outside his official duties" shall be deleted;
B) in the second sentence finally put a comma and added "in the structures directly subordinated to the Minister of Defence and the Bulgarian Army."
2. Paragraph 4 is amended as follows:
"(4) The relationship between associations of military and Department of Defense are regulated by agreements."
§ 91. In art. 187 made the following amendments:
1. In para. 2 finally added "after the announcement of registration by the Electoral Commission."
2. Paragraph 3 is amended as follows:
"(3) servicemen elected president, vice-president of the republic, MP, Member of Parliament of the Republic of Bulgaria, municipal councilor or mayor of independent leaf is considered on unpaid leave on time mandate and after the termination of its mandate to ensure the occupation of the same or another office in accordance with possessed military rank and qualifications. "
§ 92. in art. 188 be made the following amendments:
1. In para. 2:

A) in the text before item. 1 the word "ministry" is replaced by "the Ministry of Defence, the structures directly subordinate to the Minister of Defence and the Bulgarian Army";
B) Section 2 is amended as follows:
"2. is a sole proprietor, partner in a company manager, sales representative, authorized representative, sales representative, dealer, liquidator, trustee, member of the management or supervisory bodies of a company or cooperative; "
c) in item. 3 finally "or work on employment";
D) pt. 4 words "employment relationship or" and "medical" are deleted.
2. A new paragraph. 3:
"(3) In determining incompatibility under par. 2 pt. 1 of servicemen offered another post corresponding to the possessed military rank and qualifications. In case of refusal on his part to take the offered position or failing to offer him a one within a month of being incompatible contract military service is terminated in accordance with Art. 165, item. 5. "
third. Former para. 3, 4 and 5 shall become para. 4, 5 and 6.
§ 93. created art. 188a and 188b:
"Art. 188a. (1) Military personnel are required to declare under the Law on prevention and disclosure of conflicts of interest any private interest that have functions in relation to the structure or military formation, in which they perform military service.
(2) Military personnel are obliged not to participate in the discussion, preparation and decision making when they or their affiliates are concerned by the decision or when they have with the interested parties, which raise reasonable doubts as to their impartiality.
(3) In the cases under par. 2 servicemen shall notify the Minister of Defence, authorized by him shall under Art. 146 pt. 2 and 3.
(4) When the circumstances under par. 1 servicemen removed from performing duties related to conflicts of interest arises under par. 1.
Art. 188b. (1) Servicemen may not adopt or facilitate the adoption either for yourself or for related parties, gifts, donations, travel, accommodation, provision of hospitality, concessions, payments due, preferential loans or other benefits or services that lead to influence the performance of their duties for the benefit of offering a benefit or service.
(2) Servicemen may not use their official position in order to obtain benefits for themselves or for persons related to them, even when receiving benefits will not affect the fulfillment of their duties.

(3) Military personnel are not allowed to give or offer gifts or performing other services that would lead to influencing the performance of official duties of the recipient.
(4) Acceptance or offering gifts or benefits based on official position is considered a corrupt practice.
(5) Servicemen may accept gifts worth up to 50 percent of the minimum wage established for the country, once per calendar year. "
§ 94. In art. 192 new para. 3:
"(3) In the cases under par. 2 leave due to pregnancy and childbirth benefit by an order determined by the implementing regulation of the law. "
§ 95. In art. 194 made the following amendments:
1. In para. 3 the word "length" is replaced by "total duration".
2. Paragraph 4 is amended as follows:
"(4) duty the weekend of servicemen paid additional remuneration at the rate of 50 per cent, calculated on the basic remuneration and the days of public holidays - additional remuneration amounting to 100 percent, calculated on the basic remuneration. "
third. In para. 5 after the words "and" insert "on-call schedule."
§ 96. In art. 196 words "for hours over the official time under Art. 194, para. 2 or on Sundays or public holidays "are deleted.
§ 97. Article 198 is amended as follows:
"Art. 198. (1) Commanders and superiors are obliged to provide the military use of paid annual leave in the calendar year. Postponement of annual paid leave for the next calendar year shall be allowed as an exception, failing to ensure its use in the calendar year.
(2) Commanders and superiors bear disciplinary responsibility for failure to ensure the use of paid annual leave the military under the terms of par. 1. "
§ 98. In art. 201 made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) The leave under par. 1 is not included in other leave laid down by this law. "
§ 99. In art. 202, para. 1, p. 3, 'as councilors or "are deleted.
§ 100. A Art. 202a:
"Art. 202a. (1) After returning from a mission outside the country serviceman and his family members are entitled to a 7-day free vacation in holiday homes of the Ministry of Defence or a 7-day free reimbursement to hospitals for further treatment, long term treatment and rehabilitation at the Military Medical Academy. During the break, and recovery of servicemen permitted additional paid leave and wife (wife) the employer or the appointing authority shall allow the use of paid leave.

(2) The funds required under par. 1 Free rest and recovery plan in the budget of operation or mission. "
§ 101. In art. 204 words "determined by their employment at the time of commencement of such leave" be replaced by "which includes the basic monthly salary and bonuses of a permanent nature at the time of commencement of such leave."
§ 102. In art. 212, para. 3 pt. 2 after the preposition "for" insert "and officer candidates."
§ 103. Article 213 is amended as follows:
"Art. 213. Servicemen shall be paid additional remuneration for long service on the basic monthly salary of 2 percent for each year of military service, but not more than 40 percent. "
§ 104. In art. 214 is amended as follows:
1. In para. 1:
a) point 4 is amended as follows:
"4. educational and scientific degree "doctor" or scientific degree "Doctor of Science" required for their position; "
b) pt. 5, the words" based on the attestation "are deleted.
2. Paragraph 3 shall be repealed.
§ 105. In art. 218 finally added "a permanent and non-permanent nature."
§ 106. In art. 220 word "public" is replaced by "social."
§ 107. In art. 223 new para. 3:
"(3) The Minister of Defence coordinated with the Minister of Finance determines the positions of soldiers who must be insured against liability for the state budget."
§ 108. Article 224 is amended as follows: || | "Art. 224. (1) Servicemen are provided:
1. uniforms or its equivalent in Levs;
2. portioned money; 3
. Free food and refreshments wearing of duty in classes, exercises, drills and camps and in carrying out activities with a specific character;
4. personal protective equipment and special clothing and other material property and equipment.
(2) Allowances under par. 1 is not taxed and are provided at levels norms under terms and conditions determined by an act of the Minister of Defense. "
§ 109. Article 225 is repealed.
§ 110. In Chapter Seven, Section VII create art. 226a - 226 meters:
"Art. 226a. (1) The Minister of Defence may set up soup kitchens, homes for retired military personnel, veterans and war invalids, war clubs, centers them and other units.
(2) The organization and operation of structures and units under par. 1 shall be determined by the Minister of Defence.
Art. 226b. (1) The Ministry of Defense creates housing to meet the housing needs of military personnel, consisting of built with own resources employed or acquired business houses, workshops and garages.
(2) The terms and conditions for use of properties under par. 1 shall be determined by the Minister of Defence.

(3) Servicemen pay rent for their use of housing, shops and garages in the terms and conditions of Chapter IV of the Implementing Regulations of the State Property Act (prom. SG. 78 of 2006 amended .; . No.. 26 and 51 of 2007, pcs. 64, 80 and 91 of 2008 and No.. 7, 25, 62 and 93 of 2009), as well as rent for such chattels.
Art. 226v. (1) servicemen, which the Ministry of Defence can not offer housing and living conditions of free bargaining, paid compensatory amounts under the terms and conditions determined by an act of the Minister of Defence.
(2) Compensation amounts are not paid if the serviceman refused in writing offered by fund of the Ministry residence.
Art. 226g. (1) Military personnel from the Ministry of Defence, the structures directly subordinated to the Minister of Defence and the Bulgarian Army and members of their families enjoy medical, sanatorium and prophylactic establishments, military clubs, recreational and sports facilities to the Ministry under the terms and order determined by an act of the Minister of Defence.
(2) Part of the cost of providing recreation and restoring the health of servicemen and members of their families can be carried out within the planned budget of the Ministry of Defense funds for social living and cultural services for the year under conditions and by an order determined by an act of the Minister of Defence.
Art. 226d. (1) To ensure a successful transition to civilian life of discharged military in the Ministry of Defense establish and maintain a system for adaptation by:
1. professional orientation;
2. motivational training; 3
. courses;
4. preparation for starting their own business;
5. assistance in finding work;
6. information about the possibilities of item. 1 - 5.
(2) financing activities under par. 1 shall be distributed as follows:
1. under p. 3-70 percent of the budget of the Ministry of Defence and 30 percent paid on his behalf;
2. under p. 1, 2, 4-6 - at the expense of the budget of the Ministry of Defence.
(3) The modalities for implementation of activities under par. 1 shall be determined by the Minister of Defence.
Art. 226E. (1) Upon release from military service, except for release due to disciplinary sanction "dismissal" soldiers can enjoy their rights under Art. 226d, para. 1, p. 1, 2, 4 - 6.
(2) subject to an exemption from military service on the grounds of Art. 162 pt. 2, Art. 164 and 169 and become unfit for military service in or in connection with their official duties are entitled once and qualification course.
(3) The duration of the training courses is up to 6 months.

(4) For the duration of training under par. 3 servicemen provides additional paid leave.
Art. 226zh. (1) Retired soldiers, war invalids, war victims and war veterans and members of their families enjoy medical institutions, sanatoriums and preventive facilities, recreation and sports facilities and military clubs in the Ministry of Defence under terms and conditions determined by an act of Minister of Defence.
(2) Retired soldiers, war invalids, war victims and war veterans can enjoy free food banks at the Ministry of Defence.
(3) The persons under par. 2 can use their homes for retired servicemen and war veterans and war invalids - homes for veterans and war invalids, under conditions and procedures specified by an act of the Minister of Defence.
Art. 226z. The servicemen of the Ministry of Defence, the structures directly subordinated to the Minister of Defence and the Bulgarian Army and retired servicemen, war veterans, Veterans and War Victims experiencing severe financial situation can be supported with funds under terms and order determined by the Minister of Defence.
Art. 226i. (1) children died during or in connection duty military personnel and their surviving parent have rights under Art. 226g.
(2) During the education of children under par. 1 primary, secondary schools and full-time university education in the country until the age of 26 years old Defense Ministry provides them with a scholarship conditions, order and amount determined by an act of the Minister of Defence.
Art. 226k. The costs of the funeral of a deceased serviceman shall be borne by the Ministry of Defence. With the consent of relatives of servicemen give military honors.
Art. 226l. The surviving spouse (wife), children and parents died during or in connection duty servicemen are entitled to free medical and psychological assistance in order determined by an act of the Minister of Defence.
Art. 226 m. (1) The Minister of Defence may assist military patriotic unions, non-governmental organizations with a sphere of activity in security and defense associations of soldiers, reservists, veterans, Veterans and War Victims, established as legal entities for the public benefit, as It provides financial or material assistance.

(2) The Minister of Defense may give the unions, organizations and associations under par. 1 for use as intended property management of the Ministry of Defence to carry out their activities under the terms and provisions of the Law on State Property. "
§ 111. In art. 227 is amended as follows:
1. In para. 5 the words "Art. 224, para. 1 "are replaced by" Art. 224, para. 1 pt. 1 ".
2. In para. 8 words "para. 1-8 "is replaced with" para. 1-7. "
§ 112. In art. 230 new para. 4:
"(4) Compensation under par. 1 is paid on the terms and conditions set by the Council of Ministers. "
§ 113. In art. 231, para. 3 the number "27" is replaced by "26".
§ 114. In art. 233 par. 7 is amended as follows:
"(7) compensation paid Ministry of Defence has a claim against the person culpably caused the injury or death, or may request the issuance of an enforcement order under Art. 410, para. 1 of the Civil Procedure Code against that person when his guilt has been established by a final verdict. "
§ 115. In art. 234 made the following amendments:
1. In the text before item. 1 after the words "military service" is added "relocation".
2. Point 2 is amended as follows:
"2. additional monthly payments for long service, for specific conditions when performing military service of a permanent nature and educational and scientific degree "doctor" or scientific degree "Doctor of Science". "
§ 116. Article 235 is amended as follows:
"Art. 235. Servicemen shall be paid wages and benefits under this Act under the terms and conditions determined by an act of the Minister of Defense. "
§ 117. In art. 240 made the following amendments:
1. In para. 2 second sentence is deleted.
2. Created al. 4 and 5:
"(4) Retired servicemen, war veterans and war invalids can be rewarded with prizes and awards in the terms and conditions set out in the implementing regulation of the law.
(5) The lev equivalent of awards under par. 1-4 is not taxed. "
§ 118. In art. 245, para. 1 is amended as follows:
1. In item. 3, '188, para. 5 "is replaced by" 188, para. 6 '.
2. Point 4 is amended as follows:
"4. systematic violations of the rules on classified information that led to unauthorized access under the Law on protection of classified information. "
§ 119. In art. 249 is amended as follows:
1. In para. 1, 'notice and reprimand "is replaced by" remark, reprimand and severe reprimand "and the number" 6 "is replaced by" 3 ".
2. In para. 2 the words "one year" are replaced by "six months".
§ 120. In art. 260 par. 2 is amended as follows:

"(2) The cadets removed from training in the order determined by the regulations of the higher military schools, or left on his own during training, recovering the costs of maintenance and training for the period in which they were trained." | || § 121. In art. 266, para. 2 words "specialized units of the armed forces" are replaced by "structures of art. 50, para. 2 ".
§ 122. In art. 277 pt. 4 words "specialized units of the armed forces" are replaced by "structures".
§ 123. created art. 285a and 285b is inserted:
"Art. 285a. (1) Civilian employees are required to declare under the Law on prevention and disclosure of conflicts of interest any private interest that have functions in relation to the structure or military formation, in which they perform their duties or work.
(2) Civilian employees are obliged not to participate in the discussion, preparation and decision making when they or their affiliates are concerned by the decision or when they have with the interested parties, which raise reasonable doubts as to their impartiality.
(3) In the cases under par. 2 civilian employees shall notify the appointing authority or the employer.
(4) When the circumstances under par. 1 civilian employees removed from performing duties related to conflicts of interest arises under par. 1.
Art. 285b is inserted. (1) Civilian employees can not accept or facilitate the adoption either for yourself or for related parties of gifts, donations, travel, accommodation, provision of hospitality, concessions, payments due, preferential loans or other benefits or services that lead to influence the performance of their duties for the benefit of offering a benefit or service.
(2) Civilian employees can not use their official position in order to obtain benefits for themselves or for persons related to them, even when receiving benefits will not affect the fulfillment of their duties.
(3) Civilian employees are not allowed to give or offer gifts or performing other services that would lead to influencing the performance of official duties of the recipient.
(4) Acceptance or offering gifts or benefits based on official position is considered a corrupt practice.
(5) Civilian employees can accept gifts worth up to 50 percent of the minimum wage established for the country, once per calendar year. "

§ 124. In art. 290, para. 2 words "executive directors of executive agencies to the Minister of Defence and heads of departments and structures of art. 77, para. 2 pt. 4 and 5 "are replaced by" permanent secretary of defense and the heads of the structures directly subordinate to the defense minister. "
§ 125. Article 291 is amended as follows:
"Art. 291. The employment contracts with civilian employees under employment contracts are concluded, amended and terminated under the terms and provisions of the Labour Code and those holding teaching, research and teaching and research positions in the military academies and higher military schools - under higher education Act and the Academic degrees and titles. "
§ 126. In art. 296 is amended as follows:
1. In para. 1 p. 5 is amended as follows:
"5. educational and scientific degree "doctor" or scientific degree "Doctor of Science" required for their position; ".
2. Paragraph 3 shall be repealed.
§ 127. In art. 298 par. 2 is amended as follows:
"(2) civilian employees provide portioned money."
§ 128. A Art. 298a:
"Art. 298a. (1) Civilian employees enjoy the rights under Art. 226b, 226v, 226g and 226z.
(2) rights under Art. 226g enjoy and family members of civilian personnel. "
§ 129. Chapter Ten" Social policy of Ministertvoto defense "with art. 300-315 is repealed.
§ 130. In art. 319 is amended as follows:
1. In para. 1 pt. 1 the word "ministry" is replaced by "the Ministry of Defence, the structures directly subordinate to the Minister of Defence and the Bulgarian Army."
2. Paragraph 2 is amended as follows:
"(2) The Minister of Defense can sell homes, studios and garages of housing the Ministry of Defence, which are located in places where there are no structures of the Ministry of Defence structures directly to the Minister of defense and the Bulgarian army, under the terms and conditions set out in the Council of Ministers. "
§ 131. in art. 321 is amended as follows:
1. In para. 1 the words "Ministry of Defense" are replaced by "the Ministry of Defense structures directly subordinate to the Minister of Defence and the Bulgarian Army."
2. Paragraphs 2 and 3 are canceled.
§ 132. Article 327 is amended as follows:
"Art. 327. (1) To participate in the procedures of art. 326 Defense Minister or an authorized officer requires applicants to submit a declaration of origin and shareholder.
(2) Members of the committee and jury consultants involved in the procedures of the Public Procurement Act related to infrastructure development and delivery of armament, equipment and other equipment for defense, must declare that :

1. no material interest in the award of an applicant or participant;
2. not "related persons" within the meaning of the Commerce Act candidate or participant in the procedure or its designees subcontractors or members of their management or supervisory bodies; 3
. no private interest under the Law on prevention and disclosure of conflicts of interest in the award of the contract.
(3) The members of the committee and jury consultants under par. 2 are obliged to keep secret the circumstances that are learned in connection with their work in the commission.
(4) The members of the committee and jury consultants submitted to the contracting authority a declaration of conformity of the circumstances under par. 2 and to satisfy par. 3 after receiving the list of candidates or tenderers and every stage of the procedure when the change in the declared circumstances.
(5) Failure to comply with obligations under par. 2-4 is grounds for disciplinary action.
(6) As a member of committees for consideration of tenders in procedures for procurement of art. 13 para. 1 pt. 1 and 2 of the Public Procurement Act includes a representative of the State Agency "National Security" or representative of the "Military Police". "
§ 133. In Chapter Eleven, Section III create art. 327A and 327b:
"Art. 327A. Soldier or civilian employee performing operations management, order or control at the Ministry of Defence, the structures directly subordinated to the Minister of Defence or in the Bulgarian army, there is no law for three years of his release from military service or termination of service his relationship to conclude contracts or other agreements with companies or cooperatives, to which in the last year of implementation of his service has acted as management, order or control or entered into agreements with them and be a partner to own shares or shares to a manager or member of the management or control of such companies or cooperatives.

Art. 327b. (1) troops or civilian employee performing operations management, order or control at the Ministry of Defence, the structures directly subordinated to the Minister of Defence or in the Bulgarian army, which in the last year of implementation of the powers or duties of office was involved in the conduct of procurement procedures or procedures related to the allocation from funds belonging to the European Union or from the European Union of the Bulgarian state has no right over three years since his release from military service or termination of service his service to participate or represent natural or legal person in any proceedings before the structures in which it is served.
(2) The ban on participation in public procurement procedures or procedures related to the allocation from funds belonging to the European Union or from the European Union of the Bulgarian state, apply to a legal entity in which the person under par. 1 became a partner possesses shares or manager or member of the management or supervision after his release from military service or the termination of his service. "
§ 134. In § 1 of the additional provision is amended as follows additions:
1. Created so. 1a, 1b and 1c:
"1a. "Peaceful Time" is the time during which the country has not been declared "war" or "martial law".
1b. "Military Time" is the time during which the country was declared "war" or "martial law".
1c. "Forces from the national security system of the Republic of Bulgaria" are: armed forces, the structural units of the Ministry of Interior, State Agency "National Security", the National Intelligence Service and National Security Service. "
2. Section 7 is repealed. 3
. In pt. 13 words "pt. 13" are replaced by "under p. 12".
4. Created so. 17a and 17b:
"17a. "Immediate hierarchical relationship" is a relationship of command and control between the serviceman and his immediate boss.
17b. "Related parties" are the persons mentioned in § 1, p. 1 of the additional provision of the Law on prevention and disclosure of conflict of interest. "
5. Created so. 19-23:
"19. "Additional remuneration of a permanent nature" are bonuses that are paid monthly with the basic monthly salary for permanent existing factors aggravating the conditions for the implementation of military service for their position.
20. "Crisis" is instability in the political and public sphere, causing an abrupt change of the established state of the economy and public life.

21. "Psychological adapted for military service" is a condition of the person in which the person has mental health resources and mechanisms required to effectively handle the requirements of military service.
22. "Safeguard the airspace of the Republic of Bulgaria" is a task for ensuring air sovereignty of the country and crossing violations of aircraft that carry unauthorized entry, use or fly through the airspace of the Republic of Bulgaria or violate flights.
23. "Control of aviation in the airspace of the Republic of Bulgaria" is a continuous activity monitoring, tracking and identification of aircraft and if necessary - and the introduction of prohibitions, restrictions and other actions to ensure aviation safety and compliance with the established rules and procedures perform flights in the airspace of the Republic of Bulgaria. "
§ 135. Paragraph 9 of the transitional and final provisions are repealed.
§ 136. In art. 24, para. 1, Art. 143, para. 1, Art. 211, in the name of Chapter Nine, Art. 284, art. 297, para. 1, Art. 316, para. 1, p. 9 Art. 328, para. 1 everywhere and art. 329, para. 3 and 6, the words "Ministry of Defense" are replaced by "the Ministry of Defence, the structures directly subordinate to the Minister of Defence and the Bulgarian Army."
§ 137. In art. 24, para. 3, Art. 284 and Art. 292, para. 3 word "ministry" is replaced by "the Ministry of Defence, the structures directly subordinate to the Minister of Defence and the Bulgarian Army." Additional provision

§ 138. In other words texts of law:
1. "Specialized units / specialized units of the armed forces" are replaced by "structures".
2. "Plan for organizational building and development of the Armed Forces" are replaced by "development plan of the Armed Forces."
Transitional and Final Provisions
§ 139. (1) Within three months of the entry into force of this Act with the existing military service military contracts are concluded under the terms and provisions of this Act, the Minister of Defence or authorized its officials can not refuse to conclude a contract. In the military, which in this period perform duties outside the country or enjoy statutory leave for military service contract shall be concluded after their return to the country or after use permit them leave.

(2) The contract for military service of persons under par. 1 is concluded for the periods specified in Art. 142, para. 5, respectively in art. 144, para. 3, but not later than the date of reaching the age limit for the respective military rank. In cases where the period of commitment to implement the military service of art. 142, para. 5, Art. 144, para. 3 or art. 145, para. 1 has not expired, the contract for military service shall be concluded until the deadline.
(3) The refusal to contract military service is considered a notice of servicemen to terminate the relationship for the performance of military service under Art. 163.
§ 140. The already existing at the date of entry into force of this Act troops retain receipts size of the remuneration for long service, while it is more favorable for them.
§ 141. The already existing at the date of entry into force of this Act servicemen with military ranks "Private" ( "sailor"), "Corporal" ( "senior sailor") and "officer candidate" are considered military personnel with military ranks "Private 1st class" ( "seaman 1st class"), "Corporal 1st class" ( "senior seaman first class") and "Sen. Sergeant first class."
§ 142. The cadets, welded by students in higher military schools at the date of entry into force of this Act shall be deemed to military personnel with special status under this Act. They sign contracts for military service under this Act, which includes a period for training. They continue and complete their education in established throughout the course curricula.
§ 143. welded to the date of entry into force of this Act Chief of Defence is exercised for the period provided under the repealed Art. 82, para. 1.
§ 144. completed on the date of entry into force of this law on sale / exchange of homes, shops and garages of housing the Ministry of Defence, which has issued the Minister of Defense for sale / swap , including military and civilian employees whose contracts with the Ministry of Defence have been terminated, shall be completed within 6 months from the entry into force of this law on prices, terms and conditions determined in accordance with regulations applicable at the time Release the order.
§ 145. WIP to impose disciplinary sanctions to end the relationship for the performance of military service and exemption from military service, restore serviceman on duty at repealing the exemption from military service by the court and to search for property liability against soldiers be completed under the previous order.

§ 146. The job titles and salaries of civilian employees in the National Guard are treated as job titles and salaries of civilian employees employed by an executive agency of the Ministry of Defence.
§ 147. In the Social Security Code (prom. SG. 110 of the 1999 Decision № 5 of the Constitutional Court from 2000 - SG. 55 of 2000 .; amend., SG. 64 2000, pcs. 1, 35 and 41 of 2001, pcs. 1, 10, 45, 74, 112, 119 and 120 of 2002, pcs. 8, 42, 67, 95, 112 and 114 2003 pcs. 12, 21, 38, 52, 53, 69, 70, 112 and 115 of 2004, pcs. 38, 39, 76, 102, 103, 104 and 105 of 2005, No. . 17, 30, 34, 56, 57 and 68 of 2006 .; corr. SG. 76 of 2006 .; amend., SG. 80, 82, 95, 102 and 105 of 2006, pcs. 41 52, 53, 64, 77, 97, 100, 109 and 113 in 2007, pcs. 33, 43, 67, 69, 89, 102 and 109 of 2008, pcs. 23, 25, 35, 41 42, 93, 95, 99 and 103 of 2009) is amended as follows:
1. In art. 26 pt. 3 words "Art. 230 "are replaced by" Art. 230 and Art. 231, para. 1 ".
2. In art. 26b the words "Art. 230 "are replaced by" Art. 230 and Art. 231, para. 1 ". 3
. In art. 42, para. 3 words "business relations in the implementation of military service" are replaced by "contracts for military service."
§ 148. The Law on state reserves and wartime stocks (prom. SG. 9 2003 .; corr. SG. 37 of 2003 .; amend., SG. 19, 69 and 105 2005 pcs. 30 and 102 in 2006, pcs. 54 of 2008 and SG. 35 of 2009) in art. 7, para. 2 t. 12 is canceled.
§ 149. The Law on Protection of Classified Information (Prom. SG. 45 of 2002 .; corr., No. 5 of 2003 .; amend., SG. 31 of 2003, SG . 52, 55 and 89 of 2004, pcs. 17 and 82, 2006, issue. 46, 57, 95 and 109 of 2007, pcs. 36, 66, 69 and 109 of 2008 and No. . 35, 42, 82 and 93 of 2009) is amended as follows:
1. In art. 18 para. 5 is repealed.
2. In § 1, p. 3 of the Supplementary Provisions, the words "the structures of the Ministry of Defence of art. 77, para. 2 of the Law on Defense and Armed Forces of the Republic of Bulgaria "are replaced by" the Ministry of Defense structures directly subordinate to the Minister of Defense, the Joint Operational Command and the three types of armed forces from the Bulgarian army. " 3
. Everywhere in the law the words "the structures of the Ministry of Defense" are replaced by "the Ministry of Defense structures directly subordinate to the Minister of Defence and the Bulgarian Army."
§ 150. In the Law on State Agency "National Security" (Prom. SG. 109 of 2007 .; amend., SG. 69 and 94 of 2008, pcs. 22, 35, 42 82 and 93 of 2009) in art. 4 para. 2 and elsewhere in the art. 123, para. 3, 'the structures of the Ministry of Defence of art. 77, para. 2 of the Law on Defense and Armed Forces of the Republic of Bulgaria "are replaced by" the Ministry of Defense structures directly subordinate to the Minister of Defence and the Bulgarian Army. "

§ 151. The Law on Labour Inspection (prom. SG. 102 of 2008 .; amend., SG. 35 and 82 of 2009) in art. 6 para. 8, the words "the structures of the Ministry of Defence of art. 77, para. 2 of the Law on Defense and Armed Forces of the Republic of Bulgaria "are replaced by" the Ministry of Defense structures directly subordinate to the Minister of Defence and the Bulgarian Army. "
§ 152. In the Law on Income Tax of Individuals (prom. SG. 95 of 2006 .; amend., SG. 52, 64 and 113 in 2007, pcs. 28, 43 and 106 of 2008, pcs. 25, 32, 35, 41, 82, 95 and 99 of 2009) in art. 24, para. 2 made the following amendments:
1. In item. 1:
a) letter "d" words "free food provided in kind the military under Art. 225, para. 1 pt. 1 and 2 "are replaced by" free food provided to military and civilian personnel in accordance with Art. 224, para. 1, p. 3 ";
B) letter "e" after the words "National Security" add "Law on Defense and Armed Forces of the Republic of Bulgaria" and the words "and of art. 224, para. 2 and art. 298, para. 2 of the Law on Defense and Armed Forces of the Republic of Bulgaria "are deleted.
2. In pt. 7 the words "Art. 303, para. 1 "are replaced by" Art. 226v, para. 1 and Art. 298a '. 3
. In item. 16 the words "Art. 312 "are replaced by" Art. 226z and 298a. "
§ 153. In the Law on Veterans and War (prom. SG. 27 of 2005 .; amend., SG. 88 of 2005 pcs. 110 of 2008 and SG. 35 of 2009 years) in Art. 21 words "Art. 311, para. 1, 2 and 4 and art. 312 "are replaced by" Art. 226zh and 226z. "
§ 154. (1) The regulations implementing the law is brought into conformity with this Act within nine months of its entry into force until their adoption apply issued regulations as they do not contradict this law .
(2) The regulations issued in application of the repealed Art. 102 and 103 shall apply to the adoption of regulations under Art. 100, para. 5.
§ 155. Law shall enter into force upon its publication in the "Official Gazette", except for the provision of § 74, which came into force on March 1, 2010, and § 135, which takes effective from January 1, 2011
law was adopted by the 41 th National Assembly on January 20, 2010 and February 24, 2010 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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