Law On The Federal Border Guard

Original Language Title: Gesetz über den Bundesgrenzschutz

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Federal Border Protection Act (Bundesgrenzschutzgesetz-BGSG)

Non-official table of contents

BGSG

Date of issue: 18.08.1972

Full quote:

" The Federal Border Protection Act of 18 December 2014. August 1972 (BGBl. 1834), the last of which is Article 15 (8) of the Law of 5. February 2009 (BGBl. I p. 160) has been amended "

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

For details, see the Notes

Footnote

(+ + + text-proof application: 1) menu. 1.1982 + + +) unofficial table of contents

entry formula

The Bundestag has approved the following law with the consent of the Bundesrat:

First Section
Tasks and Use of 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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§ 48 Recruitment of liable persons.

(1) If the need for police officers in the Federal Border Guard cannot be met with suitable candidates, service subject-to-service can be used to compensate for the mismanagement. shall be used.(2) In the exercise of their service, the (service ends) based on the obligation of border guards have the powers and duties of law enforcement officers in the Federal Border Guard.

Fifth Section
Border Protection Service

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§ 49 The person subject to the border guard service

(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 are
1.
a year of birth called for military service, and following the pattern result for the Military service is available or
2.
as law enforcement officers are eliminated from the federal border guard.
(2) Number, occupational groups and pre-education of the after- The Federal Minister of the Interior shall designate the Federal Minister of the Interior in agreement with the Federal Minister of Defence in accordance with paragraph 1 (1).(3) The obligation to the police enforcement service in the Federal Border Guard can be lifted if
1.
The catering services are no longer required to cover the estimated power requirements of the Federal Border Guard,
2.
The pledge according to its previous behavior would seriously jeopardise the order or security in the federal border guard.
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§ 50 Start and End of Border Protection Service

(1) The Border Protection Service begins with the delivery of the Commitment.(2) The border guard service ends
1.
at officers and negotiators at the end of the year, in which: to complete the sixtieth year of life,
2.
for other persons who are liable to the end of the year in which they shall complete the fifty-fifth year of life, in the However, the defence case shall be completed by the end of the year in which it shall complete the sixtieth year of life.
(3) The border guard service shall also end
1.
with the recognition of the service-payer as a conscientiously objector,
2.
with the delivery of a Modest, which lifts the commitment to the police execution service in the Federal Border Guard.
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§ 51 Contents of the

the obligation to provide a border protection service includes, in addition to the obligation to provide a border protection service, the obligation to notify, to provide information on the basis of this law and to refer to the intellectual and to allow physical fitness to be investigated and to take over and retain certain items of clothing and equipment during the dismissal or later for use in the border protection service. Non-official table of contents

§ 52 Types of Border Protection Service, Reserve

(1) The service to be provided on the basis of the Border Protection Service is
1.
the Border Protection Base Service,
2.
Border Protection Tasks,
3.
in the case of defense and in the cases of Article 91 of the Basic Law Permanent Border Protection Service.
(2) Border guards who have completed the Border Protection Service, and former police officers in the Federal Border Guard, who have been obliged to carry out the police execution in the Federal Border Guard , the border reserve is a part of the reserve. Non-official table of contents

§ 53 Jurisdiction, procedure, applicable regulations

(1) Obligation and use of the police enforcement service in the Federal border protection shall be effected on request of the Federal Minister of the Interior by the circular-sweeper-level offices.(2) Prior to the use of border guards who have already provided police enforcement services in the Federal Border Guard, their availability shall be considered. They shall be heard if more than two years have elapsed since the date of the termination of the Federal Border Guard, and shall be re-examined by a medical examination, insofar as they apply or if there are indications of a change in the state of health.(3) In the event of an objection and an appeal against the letter of commitment and the communication with which the obligation to the police execution service in the Federal Border Guard is repealed, § 33 (5) and (8) as well as § 35 (1) of the German Wehrpflichtgesetz (Wehrpflichtgesetz) shall apply. accordingly.(4) In addition, the provisions relating to the compulsory military service and the military service are to be applied in accordance with the provisions of this Act and in accordance with the requirements of the border guard service and the border protection service. Non-official table of contents

§ 54 Border Protection Service Ratio, Deleted

(1) Service providers are in a public service and Loyalty ratio of a special kind. (2) They are committed to their duties through the solemn vow:
" I am a faithful to the Federal Republic of Germany to uphold the Basic Law and all the laws applicable to my service and to conscientiously respect my duties "
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§ 55 Appointment Authority, top service authority, supervisor

(1) The Federal President shall appoint the Reserve officers of the reserve. The other service providers appoint the Federal Minister of the Interior. The exercise of this power may be transferred to other authorities.(2) The Chief Service of the Service ends is the Federal Minister for the Interior.(3) The service provider is who is responsible for making the necessary decisions on the personal affairs of the service providers who are subordinated to 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. Non-official table of contents

§ 56 Liability and responsibility

(1) The end of the service shall be subject to the service of its superiors. .(2) The end of the service shall bear the full personal responsibility for the legality of his/her duties.(3) Concerts against the legality of official orders shall immediately be invoked by the service provider with his immediate superiors. If the order is maintained, the end of the service shall, if his or her concerns persist on account 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 service provider. Dignity of man; of his own responsibility, he is liberated. The confirmation shall be made in writing upon request.(4) The immediate superiors shall require the immediate execution of the order, because the risk is in default and the decision of the next higher supervisor cannot be brought about in good time, paragraph 3, sentences 3 and 4 shall apply accordingly.(5) In accordance with paragraphs 3 and 4 (7) (1) to (3) of the Act concerning the direct coercion of the exercise of public authority by law enforcement officers of the Federal Republic of Germany, a supervisor shall order the application of direct compulsion by service end. (UZwG) accordingly. Non-official table of contents

§ 57 Applications and complaints

(1) The end of the service may submit applications and complaints; in this case, the service provider has the service shall be respected. The appeal path to the highest service authority is open.(2) In case the complaint is against the immediate superiors, it may be filed directly with the nearest superiors.(3) The service provider may submit entries to the 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. Non-official table of contents

§ 58 Discounts, 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 apply to them, subject to the following conditions:
1.
Disciplinary Measures sindReference, fine, reduction of the service label.
2.
The Border Guardssold § 47 (1), § § 49 and 56 (1) of the German Military disciplinary Code apply accordingly.
3.
3.
The replacement of the service designation may only be imposed by 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 basic salary.
4.
In the position of the co-chair in accordance with § 50 (4) sentence 3 of the Federal disciplinary code, a service provider who is to belong to the career of the accused service provider is to be replaced. The Federal Minister of Justice appoints the advisers for the duration of their border guard service on a proposal from the Federal Minister of the Interior; a co-sitter may also be appointed for several chambers.

Footnote

§ 58 Sentence 2 No. 4 sentence 1 Italic print: See now § 50 para. 2 sentence 3 unofficial table of contents

§ 59 Other applicable regulations, border protection sold

(1) Insofar as in this Unless otherwise specified 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 perform military service on the basis of compulsory military service, sensual. 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 hours, holidays and supplies.(2) The border guard shall replace the military soldier, the amount of which shall be determined according to the table annexed hereto.(3) In the case of the application of paragraphs 1 and 2, the Federal Minister of the Interior shall replace the Federal Minister of Defence. Non-official table of contents

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

The Federal Government regulates Legal regulation without the consent of the Bundesrat, the service names, the runways, the use and the transport of the service ends in accordance with the regulations applicable to law enforcement officers in the Federal Border Protection Act. Additional provisions concerning the management of the service names may be made for the members of the border reserve. Non-official table of contents

§ 61 Administrative Offences

(1) Contrary to the law, who intentionally or negligently acts as a border guard.
1.
when dismissal or later for use in the Border Protection Service, certain clothing or Do not take care of equipment (§ 51),
2.
cannot be examined for mental or physical fitness (§ 53 para. 2 sentence 2) or
3.
a request for 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 Code of Administrative Offences is the constituency replacement office.

Sixth section
Perception of tasks by other administrations

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§ § 62 to 74 (omitted)

Seventh Section
Rules for special Cases

Achter section
End and transition rules

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Asset (to § 59 para. 2)

Fundstelle des Originaltextes: BGBl. I 1974, 2152-2153
Grenzschutzsold
border protection soldgroup Service label Tagessatz DM
1border hunter
Matrose i. BGS
5.50
2Border group hunters
Vormatrose i. BGS
7, --
3High-level upper-hunter
Obermatrose i. BGS
7.50
4Main border hunters
Hauptmatrose i. BGS
8.50
5Fahnenjunker i. BGS
Oberwachtmeister i. BGS
Hauptwachtmeister i. BGS
Seekadett i. BGS
Maat i. BGS
Obermaat i. BGS
10, --
6Fähnrich i. BGS
Oberprofinrich i. BGS
Master i. BGS
Obermeister i. BGS
Hauptmeister i. BGS
Fähnrich zur See i. BGS
Oberprofinrich zur See i. BGS
Boatman i. BGS
Oberbootsmann i. BGS
Hauptbootsmann i. BGS
11, --
7Leutnant i. BGS
stick master i. BGS
Leutnant to the lake i. BGS
Stabsbootsmann i. BGS
12, --
8Oberleutnant i. BGS
Oberstabsmeister i. BGS
Oberleutnant zur See i. BGS
Oberstabsbootsmann i. BGS
13, --
9Hauptmann i. BGS
captain lieutenant i. BGS
14, --
10Major i. BGS
Stabsarzt i. BGS
Corvette captain i. BGS
15, --
11Oberstleutnant i. BGS
Oberstabsarzt i. BGS
Oberfeldarzt i. BGS
Fregattenkapitän i. BGS
16, --
12Oberst i. BGS
Oberstarzt i. BGS
17, --
13Brigadier General i. BGS
Major General i. BGS
19, --