Law of the administration (EN)

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Law of the administration (EN)

от Lady » Пет Сеп 26, 2008 10:57 am

LAW OF THE ADMINISTRATION
Pro., SG, No. 130/5 november 1998 , amd., No. 8/1999

Chapter one.
GENERAL PROVISIONS
Art. 1. (1) This law shall regulate the structure of the administration, the basic principles of organisation of its activity, the posts within it and the basic requirements for occupying them.
(2) This law shall regulate the powers of the bodies of the executive authorities, the structure and organisation of the activity of their administration.
(3) This law shall be applied, as far as anything else hasn't been provided in other laws, also to the administration of the other bodies of state power envisaged in the Constitution, as well as to the bodies of the local self-rule.

Art. 2. (1) In carrying out its activity the administration shall be guided by the principles of legality, openness, accessibility, responsibility and co-ordination.
(2) The administration shall carry through its activity in compliance with the Constitution and with the normative acts.
(3) In carrying out its activity the administration shall provide information for the citizens, the corporate bodies and bodies of state power by a law determined order.
(4) The administration shall provide answers to the citizens and corporate bodies to inquiries, requests, complaints, proposals and warnings on matters which represent a legal interest of theirs, by a law determined order.
(5) The employees within the administration shall be held responsible for their actions by a law determined order.
(6) The bodies of the state power shall co-ordinate their activity in carrying through a unified state policy.

Art. 3. The bodies of the state power of the Republic of Bulgaria shall carry out a direct guidance of their respective administration.

Chapter two.
STRUCTURE OF THE ADMINISTRATION
Art. 4. (1) The administration shall be organised within directorates.
(2) The directorates including territorial units shall be called chief directorates.
(3) Departments can be established with the chief directorates and the directorates.
(4) If need be there can be established sectors to the departments.

Art. 5. In accordance with the distribution of the activities it carries out in supporting the respective body of the state power the administration shall be general and specialised. It shall:
1. Assist and support the respective body of the state power in implementing its powers;
2. Provide technically the activity of the respective body of the state power;
3. Carry out activities connected with the administrative services to the citizens and corporate bodies.

Art. 6. (1) The specialised administration shall include the units which assist and support the implementation of the powers of the respective body of state power.
(2) The names and number of the units within the specialised administration shall be determined by the structure regulations of the respective administration.

Art. 7. (1) The general administration shall technically support the activity of the respective body of state power, its specialised administration and activities connected with the administrative services rendered to the citizens and corporate bodies.
(2) The general administration shall necessarily include the following units:
1. "Office";
2. "Financial-economic activities";
3. "Legal-normative services";
4. "Management of the ownership";
5. "Human resources";
6. "Defensive-mobilisation preparation";
7. "Information services and technologies".
(3) Included in the structure of the general administration can also be:
1. "Protocol department";
2. "Public relations".

Art. 8. (1) The administrative management of the administrations of the bodies of state power shall be carried out by administrative secretaries appointed by the respective body of the state power.
(2) The administrative secretary shall carry out the administrative management in implementation of the legal orders of the body of the state power.
(3) The administrative secretary shall guide, co-ordinate and monitor the functioning of the respective administration with a view to the strict observance of the normative acts.

Art. 9. The administrative secretaries shall be appointed for a term of 5 years.

Art. 10. (1) The administrative leadership of the units within the administration shall be carried out by a chief director - for chief directorate, director - for directorate, chief - for department, and chief - for sector.
(2) The employees in the administration shall be appointed by the body of the state power, by the head of the respective administration or a deputy authorised by him.

Art. 11. The organisation, order of activity, functions and number of the staff of every administrative unit shall be determined by structure regulations.

Chapter three.
ADMINISTRATIVE POSTS
Art. 12. (1) The activity of the administration shall be carried out by state employees and persons working under legal labour contracts.
(2) The order of appointment and the statute of the state employees shall be determined by a law.
(3) The employees under a labour contract within the administration shall be appointed in accordance with the Labour Code.

Art. 13. (1) The state employees and the persons employed under legal labour contracts shall occupy posts determined in the Unified classifier of administrative posts.
(2) The posts within the administration shall be:
1. Governing;
2. Expert;
3. Technical.
(3) A person occupying a governing post within the administration shall not carry it through under a legal labour contract.

Art. 14. (1) To occupy a definite post in the administration the applicant shall have a professional qualification which shall include a compulsory minimum degree of completed education, general and office labour service.
(2) The basic requirements for occupying a post within the administration shall be determined by law.
(3) The structure regulations of the respective administration can also determine some additional requirements.

Art. 15. The degree of completed education and qualification shall be certified by official documents.

Art. 16. (11) The labour service shall be general and office and shall be certified by an official document.
(2) The general labour service shall be determined by the order and way envisaged in the labour legislation.
(3) The office labour service shall be acquired at a post within the administration too by the sense of this law.

Art. 17. (1) In the cases when the person does not meet the requirements for general or office labour service, he/she can be appointed to the post only for a definite term.
(2) If in the meantime the person acquires the required labour service, he/she shall occupy the post according to the general order.

Art. 18. Appointed to posts within the administration can also be probationers by a law-determined order with the time served by them recognised as office labour service.

Chapter four.
BODIES OF THE EXECUTIVE POWER
Art. 19. (1) The bodies of the executive power shall be central and territorial.
(2) Central bodies of the executive power shall be:
1. The Council of Ministers;
2. The prime minister;
3. The deputy prime ministers;
4. The ministers.
(3) Territorial bodies of the executive power shall be:
1. The district governors;
2. The mayors of municipalities.
(4) Bodies of the executive power shall also be:
1. The chairmen of the state agencies;
2. The state commissions;
3. The executive directors of the executive agencies;
4. The heads of state institutions established by a law or decree of the Council of Ministers functioning in connection with the implementation of the executive power.
(5) The bodies under para 4 shall issue individual administrative acts.

Art. 20. (1) The Council of Ministers shall be a central collegiate, general competence body of the executive power.
(2) The structure and composition of the Council of Ministers shall be adopted by a decision of the National Assembly on the proposal of the prime minister.
(3) The Council of Ministers shall formulate, draft and conduct the state policy in compliance with its constitutional powers and with the laws of the Republic of Bulgaria.
(4) On the basis of and in implementation of the laws the Council of Ministers shall adopt decrees, directions and decisions. By decrees the Council of Ministers shall also adopt regulations and ordinances.
(5) The Council of Ministers shall determine by decree the powers of the ministers apart from those determined by a law.
(6) (Declared anti-constitutional regarding the words "on the motion of the Prime Minister" by Decision No 2/1999 of the Constitutional Court - SG, № 8/1999) The Council of Ministers shall revoke the illegal or wrongful acts of the ministers on the motion of the prime minister.

Art. 21. (1) The Council of Ministers shall set up councils as well as working groups of experts in connection with the implementation of its powers or of specific tasks ensuing from normative acts or decisions of the National Assembly.
(2) The act on establishing the councils under para 1 shall determine their leader and composition, the order of implementing their activity, their functions and tasks.

Art. 22. The appointment of representatives on the part of the state to governing bodies of non-governmental organisations including foundations, funds, boards, associations and other non-profit organisations, shall be carried out by an order of the respective minister within the sphere of whom is the activity of the specific organisation, in co-ordination with the prime minister.

Art. 23. (1) The prime minister shall be a central one-man body of the executive power of a general competence.
(2) The prime minister shall represent the Council of Ministers, convene and preside over the sittings of the Council of Ministers.
(3) The prime minister shall head the general policy and current activity of the Council of Ministers and shall bear a responsibility for them before the National Assembly.
(4) The prime minister shall determine the powers and spheres of the deputy prime ministers.
(5) The prime minister shall co-ordinate the activity of the deputy prime ministers.
(6) The prime minister shall appoint and relieve of their posts the deputy prime ministers.

Art. 24. (1) In his absence from the country or when on a legally established leave the powers of the prime minister shall in every individual case be performed by a deputy prime minister appointed by him by a written order.
(2) The deputy prime ministers shall exercise the powers assigned to them by the prime minister in the spheres determined for them.

Art. 25. (1) The minister shall be a central one-man body of the executive power of a specific competence and shall head an individual ministry.
(2) The minister shall head, co-ordinate and monitor the implementation of the state policy according to his powers.
(3) By a decision of the National Assembly ministers who do not head ministries can be included in the composition of the Council of Ministers on a motion of the prime minister.
(4) The ministers shall issue regulations, ordinances, instructions and orders.

Art. 26. (1) The deputy ministers shall aide the minister in carrying through the political program of the government, in working out drafts of normative acts and in exercising his powers.
(2) By an order the minister shall delegate powers to his deputies and shall determine their functions.

Art. 27. (1) The prime minister, the deputy prime ministers and the ministers shall form a political cabinet to his direct subordination.
(2) The political cabinet shall have consultative and information-analytical functions and shall carry out the relations of the respective body of the executive power with the public.

Art. 28. (1) The political cabinet shall be an organisational structure to help the respective body of the executive power in formulating and drafting concrete decisions for the implementation of the government policy in the sphere of its powers and competence, as well as in presenting this policy to the society.
(2) The political cabinet shall include the chief of the cabinet, the parliamentary secretary and the chief of the public relations unit, and in the political cabinet of the ministers - also the deputy ministers.
(3) The activity of the political cabinet shall be organised by the chief of the cabinet. The chief of the cabinet and the parliamentary secretary shall be appointed and shall be directly subordinate to the respective body of the executive power.
(4) The expert and technical collaborators to the political cabinet shall not exercise governing functions.
(5) The expert and technical collaborators shall be appointed under labour contracts by the respective bodies under Art. 27, para 1. They shall not have the statute of state employees while their legal labour relations shall be suspended by an order of the respective body of the executive power or by suspending its mandate.
(6) The resources for the activity of the political cabinet and the salaries of its staff shall be a separate item in the budget of the respective administration.

Art. 29. (1) The district governor shall be a one-man body of the executive power in the district, on-the-spot carrying through the state governing and providing compliance between the national and the local interests in conducting the regional policy.
(2) In carrying through his activity the district governor shall be supported by deputy district governors and by a district administration.
(3) The district governor shall be determined by a decision of the Council of Ministers.
(4) (Declared anti-constitutional regarding the words "The district governor" by Decision No 2/1999 of the Constitutional Court - SG, No 8/1999) The district governor and the deputy district governors shall be appointed by the prime minister.
(5) (Declared anti-constitutional by Decision No 2/1999 of the Constitutional Court - SG, No 8/1999) Control over the activity of the district governor shall be exercised by the prime minister.

Art. 30. (1) The district governor shall determine the powers and sphere of the deputy district governors.
(2) In the absence of the district governor he shall be substituted by a deputy district governor determined by the district governor by a written order.

Art. 31. The district governor shall:
1. Conduct the state policy in the district, co-ordinate the activity of the bodies of the executive power and of their administrations on the territory of the district and their interaction with the local power;
2. Provide the compliance between the national and the local interests, organise the drafting and implementation of district strategies and programs for regional development, carry out interaction with the bodies of the local self-rule and the local administration;
3. Be responsible for the preservation and protection of the state property on the territory of the district;
4. Guarantee the observance of lawfulness on the territory of the district and exercised administrative control in connection with the implementation of the administrative acts;
5. Exercise control concerning the legality of the acts and the activity of the bodies of the local self-rule and the local administration;
6. Co-ordinate and monitor the implementation of the acts and activity of the heads of the territorial units of the central administration of the executive power on the territory of the district;
7. Organise the defensive-mobilisation preparation of the population, head its protection in the event of calamities and accidents and shall be responsible for observance of the public order;
8. Carry out the international contacts of the district on a regional level.

Art. 32. (1) The district governor shall issue orders within the boundaries of the powers granted to him.
(2) The district governor shall suspend the implementation of illegal acts of the municipal councils and shall submit them to the respective district court within a month's term of their receipt. He can suspend illegal acts of the mayors of the municipalities within a one month term after he has been familiarised with them.
(3) The orders of the district governor under para 1 and para 2 can be appealed before the Supreme administrative court,

Art. 33. (1) The mayor of the municipality shall be a body of the executive power in the municipality.
(2) The mayor of a municipality shall be elected by the population of the respective municipality by an order determined by law for a term of four years.
(3) In his activity the mayor shall be guided by the law, the acts of the municipal council and the decisions of the population.
(4) The powers of the mayor shall be determined by a law.

Chapter five.
ADMINISTRATION OF THE EXECUTIVE POWER
Art. 34. In exercising their powers the bodies of the executive power shall be aided by administration.

Art. 35. (1) The Council of Ministers shall create, transform and close down administrative structures without the rank of ministries which haven't been envisaged by the Constitution.
(2) State and executive agencies and state commissions which are individual corporate bodies subordinate to the central bodies of the executive power without the rank of ministries shall be created, transformed and closed down by a decree of the Council of Ministers.

Art. 36. The administration of the executive power shall include the administration of the Council of Ministers, the ministries, the state agencies, the administration of the state commissions, the executive agencies, the district and municipal administrations and other administrative structures created by a law which have functions in connection with the implementation of the executive power.

Art. 37. The administration of the executive power shall be central and territorial.

Art. 38. (1) The central administration of the executive power shall include:
1. The administration of the Council of Ministers;
2. The ministries;
3. The state agencies;
4. The administration of the state commissions;
5. The executive agencies.
(2) The territorial administration of the executive power shall include:
1. The district administration;
2. The municipal administration.

Art. 39. (1) The administrative secretaries in the administration of the executive power shall be referred to as chief secretaries.
(2) The chief secretaries shall be appointed by the respective body of the executive power by a law determined order.

Art. 40. (1) The administration of the Council of Ministers shall provide for the current activity of the Council of Ministers and the preparation of its sittings.
(2) In implementing its functions the administration of the Council of Ministers shall carry out co-ordination of the activity of the central and territorial administration of the executive power.
(3) The administration of the Council of Ministers shall be an independent corporate body with the rank of a ministry and shall be budget-subsidised.
(4) The administration of the Council of Ministers shall be headed by the minister for the state administration.
(5) The minister for the state administration shall co-ordinate and monitor the activity of the chief secretaries within the administration of the executive power.
(6) The minister for the state administration shall represent the administration of the Council of Ministers as a corporate body.

Art. 41. The organisation of the activity of the Council of Ministers, the structure, composition and functions of the individual units within its administration shall be determined by a structure regulations adopted by the Council of Ministers.

Art. 42. (1) The ministry shall be an administration to help the activity of the minister.
(2) The ministry shall be a budget-subsidised corporate body.
(3) The ministry shall be headed and represented by minister.
(4) The structure regulations of the ministry shall be adopted by the Council of Ministers on the motion of the respective minister.

Art. 43. The number of the deputy ministers shall be determined in the structure regulations of the ministry.

Art. 44. In exercising his powers the minister can set up territorial administrative units which shall be subordinate to him and shall be organised as directorates within the district administration.

Art. 45. (1) In implementing his activity the minister can set up councils as consultative units for resolving specific problems.
(2) The composition of the councils shall be determined by the minister in an order.
(3) The activity of the councils shall be supported by the administrative units of the ministry.
(4) The minister shall submit to the Council of Ministers an annual report on the activity of his ministry.

Art. 46. (1) Established within the structure of the ministry and the state agency shall be an Inspectorate, directly subordinate to the respective minister or chairman of the state agency.
(2) The Inspectorate shall exercise control over the activity of the ministry, its territorial units, the executive agencies with the ministry and the state agencies.

Art. 47. (1) The state agency shall be an administration directly subordinate to the Council of Ministers for the implementation of activities which are not carried out by a ministry.
(2) The state agency shall be a budget-subsidised corporate body.
(3) By the decree for establishing the state agency the Council of Ministers shall determine the way of functioning and the administrative organisation needed for implementing its activity.
(4) The state agency shall be headed and represented by chairman who is determined by a decision of the Council of Ministers.
(5) In implementing his functions the chairman of the state agency shall be supported by deputy chairman.
(6) The chairman and deputy chairman shall be appointed by the prime minister.

Art. 48. The activity, structure, organisation of activity and staff of the state agency shall be determined by structure regulations adopted by the Council of Ministers.

Art. 49. The chairman of the state agency shall submit to the Council of Ministers an annual report on the activity of the state agency.

Art. 50. (1) The state commission shall be a collegiate body with the Council of Ministers or with a minister for implementing monitoring, registration and licensing functions connected with the application of a law or decree of the Council of Ministers.
(2) The state commission shall be a budget-subsidised corporate body.
(3) By the decree for setting up a state commission the Council of Ministers shall determine the way of functioning and the administrative organisation needed for implementing its activity.
(4) The chairman and members of the state commission shall be determined by a decision of the Council of Ministers.
(5) The chairman and members of the state commission shall be appointed by the prime minister for a term of five years.
(6) The chairman shall head the activity of the state commission and shall represent it.

Art. 51. The activity, structure, organisation of work or composition of the state commission and its administration shall be determined by structure regulations adopted by the Council of Ministers.

Art. 52. The chairman of the state commission shall submit to the Council of Ministers an annual report on its activity.

Art. 53. (1) Concerning major issues of public significance by a decree the Council of Ministers can set up state-public consultative commissions.
(2) The statute and way of representation in the state-public consultative commission shall be determined by the decree for its establishment.

Art. 54. (1) The executive agency shall be an administration for carrying out administrative services and the ensuing activities with a definite minister.
(2) The executive agency shall be set up by a decree of the Council of Ministers.
(3) The executive agency shall be a corporate body the maintenance of which shall be formed from budget resources and revenues from own activities.
(4) The executive agency shall be headed and represented by executive director.
(5) The executive director of the executive agency shall be appointed by the minister with which it has been set up, in co-ordination with the prime minister, for a term of 5 years without any restrictions concerning the number of the mandates a person can occupy this post.
(6) The adjective "executive" may be dropped from the name of the executive agencies.

Art. 55. The activity, structure, organisation of work and composition of the executive agency shall be determined by structure regulations adopted by the Council of Ministers.

Art. 56. The executive director of the executive agency shall submit to the body of the executive power which has appointed him, an annual report on the activity of the executive agency.

Art. 57. (1) The district administration shall support the district governor in exercising his powers.
(2) The district administration shall be a budget-subsidised corporate body.
(3) The district administration shall be headed and represented by district governor who shall be responsible before the Council of Ministers.

Art. 58. The activity, structure, organisation of work and composition of the district administration shall be determined by structure regulations adopted by the Council of Ministers.

Art. 59. The district governor shall submit to the Council of Ministers an annual report on the activity of the district administration.

Art. 60. By a decree the Council of Ministers can set up experimental laboratories, research institutes, education centres or training centres, medical or rehabilitation centres, etc., which shall be subordinate to it or a minister.

Art. 61. (1) The Council of Ministers shall establish a register of the administrative structures including the ones under Art.s 21, 22, 36, 53 and 60, of their governing bodies and of the acts issued by them.
(2) The heads of administrative structures within the system of the executive power shall submit to the minister for the state administration annual reports on the state of the respective administration. In the report the district governors shall also include information on the state of the municipal administration in the municipalities on the territory of the respective district.
(3) The minister for the state administration shall submit to the Council of Ministers an annual summed up report on the state of the administration.

Temporary and concluding provisions
§ 1. (1) (Declared anti-constitutional by Decision No 2 of 1999 of the Constitutional Court - SG No 8 of 1999) For a term of five years of effecting this law, compulsory requirements to the applicants for leading posts in the administration shall be:
1. To have not occupied leading posts or other like posts in the political and administrative apparatus of the Bulgarian communist party;
2. To have not been collaborators of the former State Security within any category indicated in the Law of access to the documents of the former State Security.
(2) Within a 30 day term of effecting this law the persons occupying leading posts in the administration shall submit to the body of the state power which has appointed them, a declaration on the presence or absence of the circumstances under para 1, items 1 and 2.
(3) The Council of Ministers shall determine the order of examination of the declared circumstances and for relieving the persons who do not comply with the compulsory requirements for occupying leading posts within the administration.

§ 2. Within a term of three months of effecting this law the Council of Ministers shall adopt a Unified classifier of the posts within the administration in accordance with Art. 13, para 1.

§ 3. Within a term of one year of effecting this law the bodies of the state power shall bring their administrations in line with its provisions unless a special law has provided something different.

§ 4. Within a term of 1 year of effecting the law the Council of Ministers shall transform the existing administrative structures within the system of the executive power and shall bring their administrations in line with this law.

§ 5. The so far names of the administrative units and the posts of the employees shall be brought in line with the ones determined in this law.

§ 6. Within a term of six months of effecting the law the bodies of the executive power shall draft structure regulations of their respective administrations in compliance with the requirements of this law and shall submit them to the Council of Ministers for approval.

§ 7. Within a term of six months of effecting the law the Council of Ministers shall create the register under Art. 61, including the administrative structures indicated in Art.s 36 and 53 and of their governing bodies.

§ 8. The administrative structures within the system of the executive power which haven't been transformed within the term under § 3 shall be suspended by liquidation within up to three months upon expiry of this term.
(2) The law-established agencies and commissions shall not be transformed under this law, but their respective governing bodies shall bring their administrative structure in compliance with the provisions of this law, within the term under § 3.

§ 9. This law shall revoke chapter nine "District" from the law of the local self-rule and the local administration (SG No 77 of 1991; amendment and rider Nos. 24, 49 and 65 of 11995, No 90 of 1996, No 122 of 1997 and No 33 of 1998.

§ 10. The implementation of this law shall be assigned to the minister for the state administration.

§ 11. The law shall be effected one month after its promulgation in State Gazette.
The law was adopted by the XXXVIII National Assembly on October 21 1998 and was affixed with the official seal of the National Assembly.
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