Law on the Federal Border Protection Act (Bundesgrenzschutzgesetz-BGSG)

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BGSG

Date of completion: 18.08.1972

Full quote:

" Federal Border Protection Act of 18 August 1972 (BGBl. I p. 1834), most recently by Article 15 (8) of the Law of 5 February 2009 (BGBl. 160) has been amended "

Status:	Last amended by Art. 15 para. 8 G v. 5.2.2009 I 160
§ § 1 to 47 and § § § 62 to 74. by Article 3 (1) sentence 2 G v. 19.10.1994 I 2978 mWv 1.11.1994

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1. 1.1982 + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
Tasks and use of the Federal Border Protection

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§ § 1 to 47 (omitted)

Second section
Powers of the Federal Border Guard

Third Section
Damage compensation

Fourth Section
Organization

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Section 48 Pre-accession of compulsory persons

(1) If the need for police officers in the Federal Border Guard cannot be met with suitable candidates, a service subject may be used to compensate for the defect. (2) In the exercise of their service, the persons responsible for the performance of their duties shall have the following reasons: Border Protection Service (End of Service) The powers and duties of law enforcement officers in the Federal Border Guard.

Fifth Section
Border guards

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Section 49 The persons subject to the obligation to protect the border

(1) Men who have completed the eighteenth year of life and are Germans within the meaning of the Basic Law, can be required and used for the police execution service in the Federal Border Guard if they

1.

a birth year established for military service and available for military service on the basis of the pattern result, or

2.

have been eliminated as law enforcement officers from the Federal Border Guard.

(2) The Federal Minister of the Interior, in agreement with the Federal Minister of Defence, shall determine the number, occupational groups and preformation of the men to be obligated pursuant to paragraph 1 (1) of the Federal Republic of Germany. (3) The obligation to carry out the police execution in the Federal Border Guard may be repealed if:

1.

Services of the pledge are no longer necessary to cover the probable balance of power of the Federal Border Guard,

2.

the pledge, according to his previous conduct, would seriously jeopardise the order or the security in the Federal Border Guard.

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Section 50 Start and end of the border guard service

(1) The obligation to protect the border shall begin with the notification of the undertaking. (2) The border protection service shall end

1.

in the case of officers and negotiators, at the end of the year in which they shall complete the sixtieth year of life,

2.

in the case of other persons who are liable to perform the year in which they complete the fifty-fifth year of life, but in the case of defence, at the end of the year in which they complete the sixtieth year of life.

(3) The obligation to protect the border is also terminated

1.

with the recognition of the duty to serve as a conscientiously objector,

2.

with the delivery of a fog, which lifts the obligation to the police enforcement service in the Federal Border Guard.

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Section 51 Content of the obligation to protect the border

In addition to the obligation to provide a border protection service, the obligation to protect the border shall include the obligation to notify, to provide information on the basis of this law and to examine the mental and physical fitness of the border. and, in the case of dismissal or later, for use in the border protection service, to take over and retain certain items of clothing and equipment. Unofficial table of contents

Section 52 Types of Border Guard Service, Reserve

(1) The service to be provided on the basis of the obligation to protect the border shall comprise:

1.

the Border Guard Service,

2.

Border protection exercises,

3.

in the case of defence and in the cases referred to in Article 91 of the Basic Law, the indefinite border protection service.

(2) Border guards who have carried out the Border Guard Service and former police officers in the Federal Border Guard, who have been obliged to carry out the Police Enforcement Service in the Federal Border Guard, are part of the border protection reserve. Unofficial table of contents

Section 53 Jurisdiction, procedure, applicable regulations

(1) obligation and use of the police enforcement service in the Federal Border Guard shall be made at the request of the Federal Minister of the Interior by the Centrifugal Replacement Offices. (2) Prior to the use of border guards who are already Police officers in the Federal Border Guard have been able to check their availability. They must be heard if more than two years have passed since the date of the termination of the Federal Border Guard, and to examine them again in a medical examination, insofar as they apply or if there are indications of a change in the state of health. (3) Objection and action against the Letter of Commitment against the Letter of Commitment and the communication, which repeals the obligation to carry out the police execution service in the Federal Border Protection Act, shall apply to § 33 (5) and (8) and Section 35 (1) of the German Federal Law on the Protection of Obligations (Wehrpflichtgesetz) (4) In other respects, the border guard service and the border guard service shall be: Unless otherwise provided in this Act, the provisions relating to conscription and military service shall be applied accordingly. Unofficial table of contents

Section 54 Cross-border protection, vow

(1) The service providers are in a special kind of public service and loyalty ratio. (2) They are committed to their duties by the solemn vow:

"I am holy to serve the Federal Republic of Germany faithfully, to uphold the Basic Law and all the laws applicable to my service and to conscientiously fulfil my duties."

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§ 55 apposite authority, supreme service authority, superiors

(1) The Federal President shall appoint the border guards of the reserve. The other service ends are appointed by the Federal Minister of the Interior. The exercise of this power can be transferred to other authorities. (2) The Supreme Service of the Service ends is the Federal Minister of the Interior. (3) Service supervisor is who is responsible for making service-related decisions about the personal He is responsible for the affairs of the service providers who follow him. The person in question is who can give orders to a service provider for his service activities. Those who are then the service supervisor and the supervisor shall be determined in accordance with the rules applicable to law enforcement officers in the Federal Border Protection Act. Unofficial table of contents

§ 56 Obligation to pay and responsibility

(1) The end of the service shall be subject to service orders of his superiors. (2) The end of the service shall bear the full personal responsibility for the legality of his/her duties. (3) Objections to the legality of service Orders shall be notified immediately to the end of the service by its immediate superiors. If the order is maintained, the end of the service shall, if his or her concerns persist because of its legality, turn to the next higher-level supervisor. If this is confirmed by the order, the end of the service must be carried out, unless the conduct which has been applied to him is punishable or unlawfully and the criminal or administrative offence is discernible for him or the conduct which has been applied to him by the person responsible for the Dignity of man; of his own responsibility, he is liberated. The confirmation must be made in writing at the request. (4) The immediate supervisor requires the immediate execution of the order, because the risk is in default and the decision of the next higher supervisor is not brought about in good time (5) In the case of a supervisor the application of direct coercion by the end of the service shall be replaced by paragraphs 3 and 4 (7) (1) to (3) of the Act concerning the direct coercion in the exercise of the exercise of the right to exercise of public authority by law enforcement officers of the Federal Government (UZwG). Unofficial table of contents

Section 57 Applications and complaints

(1) The service provider may submit applications and complaints, in which case he has to comply with the service. The Board of Appeal is open to the supreme service authority. (2) The appeal against the immediate superiors can be filed directly with the nearest superiors. (3) The end of the complaint can be submitted to the service provider. (3) Federal Personality Committee. This decision is made in the composition according to § 120 (1) to (3) of the Federal Officials Act. The provisions of § § 122 to 124 of the Federal Officials Act shall apply mutas to the procedure. Unofficial table of contents

§ 58 Services, Disciplinary Measures

§ 77 of the Federal Officials Act applies accordingly to the service providers. The disciplinary rules applicable to law enforcement officers in the Federal Border Guard shall be applied to them, subject to the following conditions:

1.

Disciplinary measures, reference, fine, reduction of the service designation.

2.

The limit protection sold is regarded as a service for the purposes of § § 7 and 117 of the Federal disciplinary code; for the execution of the fine, § 47 (1), § § 49 and 56 (1) of the Military disciplinary order apply accordingly.

3.

The reduction of the service designation may only be imposed in the formal disciplinary procedure. They shall apply the provisions of the Federal disciplinary code in force for the translation into an office of the same career with a lower final basic salary.

4.

In accordance with Section 50 (4) sentence 3 of the Federal disciplinary code, a service provider who is to belong to the career of the accused service provider shall be replaced by the seat of the consitter. The Federal Minister of Justice orders the advisers for the duration of their border guard service on a proposal from the Federal Minister of the Interior; a co-sitter can also be appointed for several chambers.

Footnote

Section 58, second sentence, no. 4, first sentence, italic pressure: See § 50 (2) sentence 3 Unofficial table of contents

Section 59 Other applicable regulations, border guards

(1) Unless otherwise specified in this Act or determined in accordance with § 60, the personal legal status of the service providers shall be governed by the provisions relating to the personal status of the soldiers who are responsible for the purpose of conscription Military service, make sense. This applies in particular to the rules on care, health care, money and benefits, maintenance, employment protection, social security, unemployment insurance, unemployment benefits, child benefits, the Travel expenses, working time, holidays and supplies. (2) The border guard shall replace the military soldier, the amount of which shall be determined by the table annexed hereto. (3) For the purposes of paragraphs 1 and 2, the Federal Minister of the Interior to the position of the Federal Minister of Defence. Unofficial table of contents

Section 60 Legislative Decree on Service Names, Railways, Use and Transport

By means of a regulation without the consent of the Federal Council, the Federal Government regulates the service names, the careers, the use and the transport of the service ends on the basis of those for law enforcement officers in the Federal Border Protection Act. provisions in force. Additional provisions concerning the management of the service names may be made for the members of the border reserve. Unofficial table of contents

§ 61 Administrative Offences

(1) Contrary to the law, who intentionally or negligently acts as a border guard service.

1.

in the case of dismissal or subsequently for use in the border protection service, does not take over certain clothing or equipment (§ 51),

2.

cannot be examined for mental or physical fitness (§ 53 (2) sentence 2), or

3.

an invitation to the performance is not followed (§ 51).

(2) The administrative offence can be punished with a fine. (3) The administrative authority within the meaning of § 36 of the Law on Administrative Offences is the constituency replacement office.

Sixth Section
Carrying out tasks by other administrations

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§ § 62 to 74 (omitted)

Seventh Section
Rules for special cases

Eighth section
Closure and transitional provisions

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Annex (to section 59 (2))

Source of the original text: BGBl. I 1974, 2152-2153
Border guards

Border guards	Service Label	Daily Rate DM
1	Border hunters Matrose i. BGS	5.50
2	Border-group hunters Vormatrose i. BGS	7, --
3	Frontier hunters Obermatrose i. BGS	7.50
4	Border Hunters Main matrose i. BGS	8.50
5	Flag junker i. BGS Oberwachtmeister i. BGS Master watchmaster i. BGS Seekadett i. BGS Maat i. BGS Obermaat i. BGS	10, --
6	Ensign i. BGS Oberenrich i. BGS Master i. BGS Obermeister i. BGS Master I. BGS Ensign to the lake i. BGS Oberenrich zur See i. BGS Boat man i. BGS Oberbootsmann i. BGS Main bootsman i. BGS	11, --
7	Leutnant i. BGS Stabsmeister i. BGS Leutnant to the lake i. BGS Stabsbootsmann i. BGS	12, --
8	Lieutenant I. BGS Upper bar master i. BGS Lieutenant to the lake i. BGS Oberstabsbootsmann i. BGS	13, --
9	Captain i. BGS Captain lieutenant i. BGS	14, --
10	Major i. BGS Stabsarzt i. BGS Corvette captain i. BGS	15, --
11	Lieutenant Colonel i. BGS Oberstabsarzt i. BGS Oberfeldarzt i. BGS Fregattenkapitän i. BGS	16, --
12	Colonel i. BGS Oberstarzt i. BGS	17, --
13	Brigadier General i. BGS Major General i. BGS	19, --