Law On The Federal Border Guard

Original Language Title: Gesetz über den Bundesgrenzschutz

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Act on the Bundesgrenzschutz (Federal Border Guard law - BGSG) BGSG Ausfertigung date: 18.08.1972 full quotation: "federal law of 18 August 1972 (BGBl. I S. 1834), most recently by article 15 paragraph 8 of the law of February 5, 2009 (BGBl. I p. 160) is changed" stand: last amended by article 15 paragraph 8 G v. DSDS I 160 § § 1 to 47 and sections 62 to 74 go to. by article 3 para 1 sentence 2 G v. 19.10.1994 I 2978 mWv 1.11.1994 menu see remarks footnote for details, refer to the stand number (+++ text detection from validity: 1 1.1982 +++) input formula the Bundestag has decided with the consent of the Federal Council the following law: first section tasks and use of the manslaughter §§ 1 to 47 (dropped out) second section powers of the manslaughter of third section compensation fourth section organization section 48 attraction of adhere (1) the requirement on police officers in the Federal Border Guard can't do with suitable candidates covered be, so Dienstpflichtige can be used to compensate for the incorrect stock.
(2) in the exercise of their Ministry, the (service provider reserves) consulted on the basis of the border guard duties have the powers and duties of police officers in the Federal Border Guard.
Fifth section of border duties § 49 unsuccessful people (1) men who have completed their eighteenth year and German within the meaning of the basic law are the border guard duties, can be committed to the police service in the Federal Border Guard and used if they 1 belong to an age group called up for military service and after the sampling result for military service available to or from the Federal Border Guard knocked out 2 as police officers.
(2) number, occupational groups and qualifications referred to in paragraph 1 No. 1 to mandatory men determines the Federal Minister of the Interior in consultation with the Federal Minister of defence.
(3) the obligation to the police service in the Federal Border Guard may be lifted if 1 services of the debtor are no longer required, to cover the estimated power consumption of the BGS, the obligated party the order or security in the Federal border guard seriously jeopardize 2nd after his previous behavior.

§ 50 start and end of the border guard service duty (1) border guard service duty begins with the delivery of the notification of obligation.
(2) the border guard service duty ends 1 officers and leaders at the end of the year, in which they the sixtieth year of life complete, 2. when other adhere with end of the year in which they complete the XLV age, in the case but at the end of the year in which they reach their 60th year.
(3) ending border duties also 1 with recognition of adhere as a conscientious objector, 2. with the delivery of a notice which States the obligation to the police service in the Federal Border Guard.

§ 51 border service obligation includes in addition to the obligation to provide border control service, the duty to report, to present content of the border guard service obligations, to provide information in accordance with this Act to check-up on the mental and physical fitness to take over certain clothing and equipment pieces at discharge or later for use in the border guard service and to be kept.

§ 52 species of the border guard service, reserve (1) service payable due to the duties of the border guard includes 1 the border patrol basic service, 2 border exercises, 3. in the case and in the cases of referred to in article 91 of the Constitution the permanent border guard service.
(2) Grenzschutzdienstpflichtige, who have made the border patrol basic service, and former police officers in the Federal Border Guard, have been committed to the police service in the Federal Border Guard, belong to the border reserve.

Article 53 jurisdiction, procedure, applicable provisions (1) commitment and attraction to the police service in the Federal Border Guard be made on request of the Federal Minister of the Interior through the Kreiswehrersatzämter.
(2) before the attraction of Grenzschutzdienstpflichtigen have made police service in the Federal Border Guard, their availability must be checked. They are to hear, if more than two years have elapsed since the departure from the Federal Border Guard, and again by doctors to investigate if they request it or there are indications of a change of in health.
(3) in the case of opposition and legal challenge to the commitment letter and the decision repeals the obligation to the police service in the Federal Border Guard, § 33 para 5 and 8, as well as section 35, paragraph 1, of the compulsory military service act shall apply mutatis mutandis.
(4) in the other border guard duties and the border guards service are that this act otherwise unless otherwise provided, apply mutatis mutandis the rules on compulsory military service and military service.

§ 54 border service relationship, wedding vows (1) the supplying of the services are a public service and loyalty relationship special article (2) you are committed to their duties by the solemn vow: "I vow to serve the Federal Republic of Germany, to uphold the Constitution and all laws for my service and conscientiously to fulfil my duties faithfully."

Article 55 appointment authority, Supreme service authority, supervisors (1) the Federal President appoints the border officers of the reserve. The Federal Minister of the Interior shall appoint the other service providers. The exercise of this power can be transferred to other authorities.
(2) highest service authority of the service providers is the Federal Minister of the Interior.
(3) Service Manager is that who he is responsible downstream service providers for labor law decisions on personal matters. Superior is a service providers who can grant orders for its official activities. Who then is Service Manager and supervisor, determined according to the rules applicable for police officers in the Federal Border Guard.

Article 56 has obligation to obedience and responsibility (1) the service provider reserves to comply with official orders of his superiors.
(2) the service provider reserves bear full personal responsibility for the legality of his official actions.
(3) concerns about the legality of official orders shall immediately assert service which his immediate boss. Will the arrangement be maintained, so has become service provider end, if his concerns about their legality persist, the next higher supervisor contact. This confirmed the arrangement, they must take the service provider reserves if not him applied behavior punishable or any person and to distinguish the criminal liability or offense for him or the him applied behavior violates the dignity of the human person; He is exempt from its responsibility. The confirmation has requested in writing.
(4) the immediate supervisor demanded the immediate execution of the order, because the imminent danger and the decision of the next higher superiors can be achieved not just in time, sentence 3 and 4 according to shall apply paragraph 3.
(5) a supervisor arranges the application of direct coercion by duty, § 7 para 1 to 3 of the law on the direct coercion in the exercise of public authority by law enforcement officials of the Federal Government (UZwG) is in place of paragraphs 3 and 4 apply accordingly.

§ 57 applications and complaints (1) who can service requests and complaints put forward; Here, he has to go through the proper channels. The appeals available until the Supreme Administrative authority.
(2) the complaint is against the immediate superiors, so she may be filed immediately with the next higher superiors.
(3) the service provider reserves may make submissions to the federal personnel Committee. This decides the composition according to § 120 para 1 to 3 of the federal civil servants Act. The provisions of sections 122 to 124 of the federal civil servants act shall apply mutatis mutandis to the procedure.

Section 58 applies misconduct, disciplinary action for the supplying of services § 77 of the federal civil servants act according to. For police officers disciplinary regulations in the Federal border police are to apply to them with the following conditions: 1. disciplinary measures are reference, fine, reduction in the name of the service.
2. the border guard soldier applies § as a service within the meaning of § 7 and 117 of the Federal disciplinary code; § 47 para 1, § 49 and 56 for the enforcement of fines also apply paragraph 1 of the military disciplinary procedure according to.
3. the reduction in the name of the service may be imposed only in formal disciplinary proceedings. On it you are to apply regulations of the Federal disciplinary code according to for the transfer to an Office of same career with lower final basic salary.
4. takes the place of the assessor pursuant to § 50 para 4 sentence 3 of the Federal disciplinary code a Dang ice tender, which should belong to the career of the accused service providers. The Minister of Justice ordered the assessor for the duration of their border guard service on the proposal of the Federal Minister of the Interior; a Committee member may be ordered for several chambers.

Section 58, sentence 2 No. 4 sentence 1 italic: cf. now Article 50 paragraph 2 sentence 3 § 59 other applicable regulations, border guards sold (1) as far as in this act otherwise is determined or determined according to section 60, apply accordingly for the personal legal status of the supplying of services the provisions relating to the personal status of soldiers of who do military service, on the basis of conscription. This applies in particular to the provisions on the care, the medical care, monetary and payments in kind, ensuring maintenance, workplace protection, social security, unemployment insurance, the unemployment benefit, child benefit, travel expenses, working time, holiday and the supply.
(2) takes the place of the military pay the border pay, the amount of which varies according to the table attached as an attachment.
(3) for the application of paragraphs 1 and 2 is the Federal Minister of the Interior on the authority of the Federal Minister of defence.

Section 60 law regulation on service names, paths, use and transport of the Federal Government governs by Decree without the consent of the Federal Council the service names, the paths, the use and carriage of the service providers in accordance with the rules applicable for police officers in the Federal Border Guard. For the members of the border reserve, additional provisions on the execution of the terms of service can be taken here.

§ 61 is offences (1) any person who as Grenzschutzdienstpflichtiger of intentionally or negligently 1 apparel at discharge or later for use in border guard service specific or pieces of equipment does not take over (article 51), not on the mental or physical fitness investigate 2 can be (§ 53 para 2 sentence 2) or 3. an invitation to the imagination is not followed (§ 51).
(2) the offence can be punished with a fine.
(3) managing authority within the meaning of article 36 of the code of administrative offences is the army recruiting office.
Sixth section performance of duties by other administrations sections 62 to 74 (dropped out) seventh section rules for particular cases eighth section final and transitional provisions installation (to article 59 paragraph 2) site of the original text: BGBl. I 1974, 2152-2153 border pay border guards pay group service description tag set DM 1 border guard sailor i. BGS 5.50 2 border troop hunters before sailor i. BGS 7 3 limit upper Hunter top sailor i. BGS 7.50 4 border head hunter main sailor i. BGS 8.50 5 Cadet i. BGS upper Constable i. BGS main officer i. BGS midshipman i. BGS Maat i. BGS first mate i. BGS 10 6 Ensign i. BGS officer i. BGS master i. BGS upper master i. BGS main master i. BGS Ensign at sea i. BGS Oberfähnrich zur see i. BGS boatswain i. BGS Chief Petty Officer i. BGS Hauptbootsmann i. BGS 11,--7 Lieutenant i. BGS staff master i. BGS Lieutenant i. BGS staff boatswain i. BGS 12,--8 Lieutenant i. BGS top bar master i. BGS Oberleutnant zur see i. BGS upper Rod boatswain i. BGS 13 , - 9 Captain i. BGS Lieutenant i. BGS 14,--10 major i. BGS staff physician i. BGS Lieutenant Commander i. BGS 15 11 Lieutenant-Colonel i. BGS MC i. BGS upper injurious i. BGS Commander i. BGS 16,--12 Colonel i. BGS Colonel doctor i. BGS 17,--13 Brigadier General i. BGS Maj. i. BGS 19,--