MINISTRY OF INTERIOR ACT

In force since 01.05.2006.Promulg. Official Gazette, No. 17 of 24 February 2006,

amend. Official Gazette, No. 30 of 11 April 2006

Part OnePRINCIPLES OF THE MINISTRY OF INTERIORS OPERATION

Chapter OneGENERAL

Art. 1. (1) This Act shall regulate the principles, activities, structure and managerial organs, the means used, the rights and obligations of the officers, their training and career development, as well as the provision of the Ministry of Interior (MoI) to protect the national security, counteract criminality and maintain the public order in the Republic of Bulgaria.

(2) The activities related to the protection of national security, counteraction to criminality and maintenance of public order shall be performed by the MoI organs independently and in cooperation with other public authorities empowered for that purpose.

Art. 2. (1) The Ministry of Interior is an administration characteristic for its hierarchic character and centralism of management; the Ministrys activity is oriented towards protection of the rights and freedoms of citizens, the national security and the public order.

(2) On the MoI operation, civic control shall be exercised through the authorities established by Constitution and this Act.

(3) The civic control shall secure the civic societys supremacy over the MoI organs, with the purpose to maintain the constitutional order in the country.

Art. 3. The Ministry of Interior shall be a legal entity funded from the state budget.

Chapter TwoMAIN PRINCIPLES OF OPERATION

Art. 4. The MoI shall operate based on the following main principles: 1. observance of the Construction, legislation and international treaties, to

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which the Republic of Bulgaria is a party.2. respect for and guarantee of the rights and freedoms of the citizens and

their dignity;3. centralism in organization and management;4. publicity;5. conspiracy in the combination of public and secret methods and means in

the cases as provided by law;6. collaboration with citizens.

Art. 5. In compliance with their official duties, the MoI officers shall represent the entire society. They shall enjoy immunity and shall be protected by legal status. Such immunity shall be manifested by special protection of their health and life.

Chapter ThreeMAIN TASKS

Art. 6. The main MoI tasks shall be as follows: 1. protection of national security;2. counteraction to criminality and maintenance of public order;3. protection of the rights and freedoms of citizens and safeguarding their life,

health and property;4. safeguarding the fire safety and protection of citizens and property in the

case of fires, calamities, accidents or catastrophes;5. guarding and controlling the national borders;6. protection of the states economic and financial credit system, and its

cultural wealth;7. provision of information for the Ministry and the public authorities;8. rendering assistance to other public authorities;9. international cooperation;10. provision of administrative services and realization of control activity.

Chapter FourMAIN ACTIVITIES

Art. 7. The main MoI activities directed to fulfillment of the tasks under Art. 6 shall be as follows:

1. collection, analysis and assessment of information, prognostication and development of guidelines related to the national security;

2. prevention of coercive change of the order established by Constitution of the Republic of Bulgaria;

3. counteraction to criminality by discovering and investigating crimes in the accepted legal order;

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4. preventive activity;5. maintenance of public order;6. guarding and controlling the national borders, realization of border

regimen, passport and visa control;7. protection of strategic and especially important objects;8. prevention of terrorist acts;9. public fire-prevention control, fire fighting and rescue activity to protect

people in the case of fires, calamities, accidents or catastrophes;10. organization and implementation of operative search;11. provision and employment of special intelligence devices, as well as

utilization and storage of the data so acquired;12. acquisition, analysis and storage of information, including personal data

processing and delivering such information in the cases as provided by law;13. setup of data collections and information systems, and management of

information activity;14. provision of special communications for public authorities;15. cryptograph protection of classified information in the Republic of

Bulgaria and in its diplomatic and consular representative services, as well as protection of such information provided by relevant technical means;

16. license and control over activities as provided by law;17. control over the regimen of foreigners stay and counteraction to illegal

migration;18. issue of identity and qualification papers, and control over their use;19. control over the road transport safety, the technical operability of motor

vehicles and their registration;20. convoying;21. collaboration with other public and international authorities and

organizations;22. implementation of coercive administrative measures;23. administrative penal proceedings.

Art. 8. Other activities shall be entrusted to the MoI only by law.

Chapter FiveSTRUCTURE AND AUTHORITIES

Section IStructure

Art. 9. The MoI main structural units shall be: National Services, Specialized Directorates, MoI Academy, MoI Medical Institute, Research Institutes, and Applied Sciences Institutes.

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Art. 10. (1) The National MoI Services shall be as follows: 1. National Security Service2. National Police Service3. National Fire Safety and Protection of Population Service.(2) The establishment, organization, structure and operation of the National

Services shall be regulated by this Act.(3) The National Services under Para 1 shall be legal entities.

Art. 11. The National Security Service shall comprise: 1. General Security Directorate;2. Regional Security Offices.

Art. 12. (1) The National Police Service shall comprises:1. General Police Directorate;2. Regional Police Directorates.(2) At the Police General Directorate, General Directorates and Directorates

shall be established.(3) The names, organization, structure and operation of the Directorates under

Para 2 shall be determined in the Rules on the Implementation of this Act.(4) The Directorates under Para 1 shall be legal entities.

Art. 13. (1) The National Fire Safety and Protection of Population Service shall comprise:

1. General Fire Safety and Protection of Population Directorate;2. Regional Fire Safety and Protection of Population Directorates.(2) The Directorates under Para 1 shall be legal entities.

Art. 14. (1) The Regional Police Directorates and the Regional Fire Safety and Protection of Population Directorates shall be determined by the Council of Ministers, at suggestion by the Minister of Interior.

(2) At the Regional Directorates for Police, and for Fire Safety and Protection of Population, the Minister of Interior may establish District Police Offices and District Fire Safety and Protection of Population Services.

(3) The operation areas of the Units under Para 2 shall be established in view of the state of criminality, public order and fire safety.

(4) At the District Police Offices, and the District Fire Safety and Protection of Population Services, the Minister of Interior may establish within the limits of the approved numerical strength and the resources for salaries Police Sections in charge for Fire Safety and Protection of Population in the individual inhabited localities in the service territory.

Art. 15. The operation areas and the headquarters of the territorial structures of the National Security Service shall be determined by the Council of Ministers, at suggestion by the Minister of Interior.

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Art. 16. (1) The Specialized MoI Directorates shall be as follows: 1. Operative and Technical Information Directorate;2. Intercommunications Directorate;3. Communications Facilities Protection Directorate;4. Operative Search Directorate;5. Inspectorate Directorate;6. Information and Archives Directorate;7. Crisis Management and Defense Mobilization Directorate;8. Coordination and Information Analysis Directorate;9. Legal and Normative Service Directorate;10. International cooperation Directorate;11. Press Center and Public Relation Directorate;12. Human Resources Directorate;13. Finance and Resource Provision Directorate;14. Logistics and Social Services Directorate which shall be a legal entity;15. Revisions Directorate.(2) The organization, structure and operation of the Directorates under Para 1

shall be regulated in the Rules on the Implementation of this Act.

Art. 17. (1) The MoI Academy shall be a higher school established on the base of a Decree passed by the National Assembly.

(2) The MoI Academy shall be a legal entity.(3) The structure and operation of the MoI Academy shall be determined in

the Rules adopted by the Council of Ministers, at suggestion by the Minister of Interior.

Art. 18. (1) The MoI Medical Institute shall be a medical institution under Art. 5 (1) of the Medical Institutions Act.

(2) The MoI Medical Institute shall be research and applied science institute involved in the realization of MoI health services.

(3) The MoI Medical Institute shall be a legal entity.

Art. 19. (1) The Research and Applied Sciences Institutes shall be established, transformed and closed down by the Council of Ministers, at suggestion by the Minister of Interior.

(2) The structure and operation of the Institutes under Para 1 be determined in Rules approved by the Minister of Interior.

Section IISystem Management

Art. 20. (1) The MoI management shall be realized by the Minister, Deputy Ministers and Secretary General.

(2) The processes of cooperation and coordination within the MoI shall be

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managed and controlled by the Minister, Deputy Ministers, Secretary General and Directors of Services and Directorates.

Art. 21. The Minister of Interior shall realize the general and direct management of the Ministry, at which the Minister shall:

1. implement the policy of the state on protection of national security, counteraction to criminality and maintenance of public order in the country;

2. organize the cooperation with other public authorities, as well as with non-governmental organizations, related to the MoI operation;

3. realize international cooperation; 4. approve the structure and staffs, establish and close down structural units

within the limits of the approved budget and numerical strength;5. prepare and propose the MoI draft budget;6. assign the MoI budget, manage the finance and logistics and exercise

control over the liable persons work within the MoI structures;7. govern the Human resources management;8. govern and secure the implementation of social policy;9. govern the economic policy in performing the Ministrys service and

auxiliary activities, inclusive shall found business companies based on public property;

10. be charged with the management of the public properties granted to the MoI;

11. be charged with the legal coverage of the Ministrys operation, at which the Minister shall pass rules, regulations, instructions and orders;

12. approve the Code of Ethical Behaviour of MoI public officers;13. fulfill also other functions as established by law.

Art. 22. (1) The Minister of Interior shall fulfill the above functions directly and with the support of the Deputy Ministers and Secretary General.

(2) In case of absence, the Minister of Interior shall be replaced by a Deputy Minister appointed by the Minister by written order.

(3) In case of long absence of the Minister of Interior, the Council of Ministers shall appoint a Ministers substitute.

(4) At fulfilling the above functions, the Minister of Interior shall be assisted by a Political Cabinet.

Art. 23. (1) The Deputy Ministers shall support the Minister in the implemention of the governmental program and in the realization of the Ministers powers.

(2) The Minister of Interior shall by order delegate powers to the Deputy Ministers and specify their functions.

(3) Within the limits of their powers established by order under Para 2, the Deputy Ministers shall organize the cooperation and coordinate the operation of the National Services and the Specialized Directorates.

(4) In implementing their powers the Deputy Ministers shall give orders.

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Art. 24. (1) The Secretary General shall be the MoI highest professional office.

(2) The Secretary General shall:1. organize, coordinate and control the operative search, secret service and

security operations;2. organize the cooperation between the MoI Services;3. coordinate the operation with the relevant services in other states, and with

international authorities and organizations;4. give orders in connection with the fulfillment of the above functions.

Art. 25. The office of Secretary General may be assumed only by a person ranked in Category or B within the meaning of this Act.

Art. 26. (1) The Political Cabinet shall be directly subordinated to the Minister of Interior; the Cabinet shall have consultative and information analysis functions and shall realize the MoI public relations.

(2) The Political Cabinet shall support the Minister of Interior in the formulation and development of specific decisions concerning the implementation of the governmental policy, as well as in the presentation of such policy to the community.

(3) The Political Cabinet shall comprise the Deputy Ministers, the Cabinets Head, the Parliamentary Secretary and the Director of the Press Center and Public Relation Directorate.

(4) The Political Cabinets work shall be organized by the Cabinets Head.(5) The Cabinets Head and the Parliamentary Secretary shall be employed

under labour contract shall be directly subordinated to the Minister of Interior.(6) The expert and technical collaborators at the Political Cabinet shall not

fulfill managerial functions.(7) The expert and technical collaborators shall be employed by the Minister

of Interior under labour contract. They shall not enjoy the status of public officers, and their labour relations shall be terminated by order signed by the Minister of Interior or upon termination of the Ministers mandate.

(8) The resources needed for the Political Cabinets operation and the salaries for its personnel shall form an individual item in the MoI budget.

Section IIINational Services Management

Art. 27. The National Services shall be managed by Directors, who shall be directly subordinated to the Minister of Interior and shall be the line managers of the National Services officers.

Art. 28. (1) The Directors shall realize the general and direct management of the Services, at which they shall:

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1. organize, manage and be in charge for the Services operation;2. implement the orders given by the MoI Leadership and report to the latter

on the directions of operation;3. coordinate the Services operation with other public authorities through the

MoI Leadership;4. manage the data collections, secure and be in charge for the information

unity between the National Service and the relevant territorial units;5. realize collaboration with the relevant services of other states, international

authorities and organizations; 6. assign the Services budget and manage their finance and logistics;7. be in charge for the management of human resources;8. be in charge for the management of the public properties granted to the

Services;9. pass penal provisions and implement measures of administrative pressure

as provided by law;10. represent the legal entity.(2) For fulfilling the functions under Para 1 the Directors shall give orders.(3) For the National Services Directors, Art. 25 shall apply.

Art. 29. (1) For fulfilling their functions, the Directors shall be assisted by Deputy Directors.

(2) The Deputy Directors shall fulfill managerial the functions entrusted by Directors order.

Art. 30. (1) The Regional Directorates shall be managed by Directors, who shall:

1. realize the general and direct management, at which they shall organize, manage and control the activity of the Directorates structural units;

2. organize the execution of the orders given by their superior organs;3. answer to the Services Director for the entire operation of the units under

their control, and to the Deputy Directors in accordance with the functions entrusted to the latter;

4. cooperate with the other MoI structural units;5. assign the Directorates budget and manage the logistics;6. be in charge for the management of the public properties granted to the

Service; 7. be in charge for the human resources management; 8. cooperate with the local and other public authorities;9. issue penal provisions and implement measures of administrative pressure

as provided by law;10. represent the legal entity.(2) For fulfilling the functions under Para 1 the Directors shall issue orders.(3) For fulfilling such functions the Directors shall be assisted by the Deputy

Directors who shall fulfill functions of management entrusted to them by Directors order.

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Section IVSpecialized Directorates Management

Art. 31. The Specialized Directorates shall be managed by Directors.

Art. 32. (1) The Directors shall realize the general and direct management and anser to the MoI Leadership for the entire Directorates operation.

(2) The Directors, in accordance with the Directorates functions, shall realize the methodological guidance and control over the operation of similar units within the MoI structure.

(3) For fulfilling the functions under Para 1 the Directors shall give orders.

Art. 33. (1) For fulfilling their functions the Directors shall be assisted by the Deputy Directors.

(2) The Deputy Directors shall fulfill the managerial functions entrusted by Directors order.

Art. 34. The Director of the Logistics and Social Services Directorate shall represent the legal entity.

Section VMoI Academy, MoI Medical Institute, and Research and Applied

Sciences Institutes Management

Art. 35. (1) The MoI Academy shall be governed by an Academic Council and a President.

(2) The Academic Council shall be the authority in charge for the government of the Academys educational and scientific activity and shall:

1. adopt curricula for every profession and educational qualification degree, as well as course outlines concerning the relevant subjects which have been prepared by the Subfaculties;

2. adopt plans for research, applied science and editorial-publishing activity;3. make decisions to announce competitions for assistants and habilitated

lecturers;4. make selection following a realized competition for assistants;5. select non-habilitated lecturers for higher scientific posts;6. fulfill other functions ensuing from normative acts related to science and

higher education which shall be implemented in compliance with this Act and the administrative acts concerning such implementation.

(3) The President shall be the line manager of the Academys officers, the cadets and officers sent for training by other services, shall be in charge for the fulfillment of their obligations related to the educational process, for the order and discipline at the Academy, for which the President shall:

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1. fix the Agenda of the Academic Council meetings;2. make decisions on any issue related to admittance, strike-off or transferring

of cadets;3. fulfill other functions ensuing from the laws or entrusted by the Minister of

Interior;4. represent the legal entity.(4) The President shall be habilitated person and appointed by the Minister of

Interior.(5) The composition of the Academic Council shall be determined by the

Minister of Interior, at suggestion by the Academys President.

Art. 36. (1) The MoI Medical Institute, and the Research and Applied Sciences Institutes shall be managed by Directors, who shall:

1. organize, manage, control and be in charge for the relevant Institutes operation;

2. manage and control the preparation of prospect and operative plans and secure their fulfillment;

3. organize the cooperation with other MoI Institutes and Services;4. be in charge for selection, training, and improvement of the qualification

and efficient use of the scientific personnel;5. be in charge for the management of the public properties, and the material

and technical facilities granted to them.(2) The Directors under Para 1 shall be habilitated persons.(3) For fulfilling the functions under Para 1, the Directors shall issue orders.

Art. 37. (1) For fulfilling their functions the Directors shall be assisted by Deputy Directors.

(2) The Deputy Directors shall fulfill functions the managerial entrusted by Directors order.

Part TwoMANAGEMENT, TASKS, ACTIVITIES, POWERS AND ORGANS OF THE MINISTRY OF INTERIORS MAIN

STRUCTURAL UNITS

Chapter SixNATIONAL SECURITY SERVICE

Section ITasks and Activities

Art. 38. The National Security Service shall be the MoI specialized counter-

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intelligence and information service in charge for protection of the national security against operations of foreign special services, organizations or persons directed against the national interests; for identification and neutralization of processes endangering the order established by Constitution, the nations unity, the countrys territorial integrity and sovereignty.

Art. 39. The National Security Service shall fulfill counter-intelligence, information analysis, prognostication, control, coordination and methodology activity.

Art. 40. (1) The National Security Service shall fulfill independently or together with other public authorities counter-intelligence activity, as watching, discovering, counteracting, preventing and breaking of planned, prepared or committed violations of the national security related to:

1. intelligence work in favour of foreign forces;2. danger to the nations unity, and the countrys territorial integrity

sovereignty;3. anticonstitutional activity;4. employment of force or means dangerous to the public safety, for political

purposes;5. danger to the economic and financial security related to the involvement of

foreign services or organizations; 6. danger to the ecological security;7. violation to the operation of the National System for Protection of

Classified Information;8. jeopardizing the security of objects and activities strategic to the country; 9. destructive impact on communication and information systems;10. threats to the security of public authorities; 11. international terrorism and extremism;12. illegal international trade in weapons, commodities or technologies of

possible dual use;13. illegal production, storage and distribution of facilities, commodities or

technologies of possible dual use endangering the public safety, as well as of narcotic substances and precursors - assisted, organized or realized by foreign services or organizations;

14. illegal migration processes.(2) The National Security Service shall perform counter-intelligence activity

in respect of foreign special services, organizations and persons involved in activity endangering the national security.

Art. 41. (1) The information activity performed by the National Security Service shall cover as follows

1. information analysis and prognostication by collecting, processing and storing of information of importance to the national security and national interests, to the needs of the public administration, and related to the management and performance of the Services own activity;

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2. preparation of counter-intelligence assessments of the state of national security based on the Services own information and on information obtained from other public authorities, specialized in the sphere of protection of national security and maintenance of public order;

3. informing the highest organs of government about the state of and threats to the national security;

4. preparation of information materials of reference, analytic or prognostic character and delivering such materials to other public authorities as provided by law.

(2) To perform the activity under Para 1 the National Security Service shall setup own data collections.

(3) The MoI Services and Directorates shall in time deliver to the National Security Service any information that came to them or that they acquired, which may be of importance to the protection of national security, in the manner established in a Minister of Interiors instruction.

Art. 42. (1) The National Security Service shall provide counter-intelligence protection of the countrys strategic activities and objects, independently or together with other specialized organs.

(2) The National Security Service shall realize coordination and operative cooperation with foreign special services, in compliance with the international obligations of the Republic of Bulgaria and in the interest of the national security.

(3) The National Security Service shall cooperate with other public authorities, within the Services terms of reference.

Section IICompetences of the Organs

Art. 43. The organs of the National Security Service shall be public officers.

Art. 44. (1) In order to realize their operation the organs under Art. 43 shall have the powers to:

1. exercise surveillance and control over persons, objects and activities related to violations of and dangers to the national security;

2. implement and use intelligence methods and devices under conditions and procedures as provided by Minister of Interiors regulation;

3. attract citizens for voluntary collaboration;4. employ special intelligence devices under conditions and procedures as

provided by law;5. get assistance and organize the cover for their officers and the officers

operations within public authorities, organizations and legal entities, under conditions and procedures as provided by Council of Ministers Ordinance;

6. collect, process, store and utilize data needed to examine facts, persons and objects related to the security of the country;

7. obtain information from public authorities, organizations and persons

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related to the protection of national security;8. provide information to the highest organs of government and management

through the MoI leaders;9. provide information to other public authorities, organizations and persons

as provided by law.(2) To the President of Republic of Bulgaria, the National Assembly Speaker

and the Prime Minister information, equal in volume and contents shall be delivered.

Art. 45. (1) The National Security Service shall be involved in controlling the operation of the National System for Protection of Classified Information, in conformity with the Protection of Classified Information Act and the subdelegated legislation on its implementation.

(2) The instructions given by the Service Director or by organs empowered by the latter shall be obligatory to officials.

(3) The violations of the order established for protection of the classified information shall be ascertained by acts drafted by the Services organs.

(4) On the grounds of the statements drafted the National Security Service Director shall issue penal provisions.

Art. 46. (1) The National Security Service shall perform controlling activity related to foreigners stay in the Republic of Bulgaria.

(2) The National Security Service Director shall impose coercive administrative measure under Art. 75 of the Bulgarian Identity Papers Act to persons whose travel would endanger the Republic of Bulgaria security, not to leave the country.

Art. 47. (1) The National Security Services organs shall be entitled to warn orally or in writing persons if there are sufficient data to suppose that such persons are ready to commit criminal or other acts endangering the national security.

(2) The National Security Services organs shall be entitled to summon citizens to official premises for the purposes under Para 1.

Art. 48. The National Security Services organs shall not have law-enforcement powers under Chapter Seven, Section II.

Art. 49. (1) The public authorities, organizations, legal entities and citizens shall be obliged to render assistance to the National Security Services organs to fulfill their tasks entrusted by legal status.

(2) The public authorities and legal entities shall be obliged to immediately provide the National Security Service with any information received or acquired, if such information is related to fulfillment of the Services tasks entrusted by legal status.

(3) The National Security Service shall be entitled to reqest information from the organs and persons under Para 2 if required for fulfillment of the Services tasks

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entrusted by legal status.

Art. 50. (1) For fulfilling the tasks entrusted by legal status, the National Security Service shall setup and maintain data collections.

(2) The procedure of setting-up and maintaining data collections, as well as the procedure of safeguarding, using and delivering of information from the latter shall be established by Minister of Interiors administrative acts, at suggestion by the National Security Service Director.

Chapter SevenNATIONAL POLICE SERVICE

Section ITasks and Activities

Art. 51. (1) The National Police Service shall be the MoI specialized operative search and security service in charge with the following:

1. maintenance of public order;2. prevention, discovery and investigation of crimes;3. counteraction to criminal activity of local and transnational criminal groups

or organizations;4. national borders protection and controlling the border regimen observance,

counteraction to illegal migration and people traffic;5. prevention of terrorist acts and neutralization of terrorist and diversionary

groups;6. protection and surveillance of strategic and especially important objects;7. administrative control over foreigners stay in the Republic of Bulgaria.(2) The National Police Service shall perform such activity independently or

together with other public authorities, organizations and citizens.

Art. 52. (1) In compliance with the tasks under Art. 51 the National Police Service shall:

1. organize and realize the maintenance of public order;2. prevent, discover and investigate crimes;3. protect the rights and freedoms of citizens, support the exercise of such

freedoms of citizens and preserve their property;4. counteract to organized criminality and corruption, including by using

officers under cover;5. secure the national borders and the zones and objects specified under Para

3;6. independently or together with other public authorities, implement the

border regimen and control over persons and vehicles passing the countrys border, including in the zones and objects specified under Para 3;

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7. receive and transfer breakers to entry or stay regimen from and to other states, in compliance with the law and the international treaties, to which the Republic of Bulgaria is a party;

8. perform convoying of foreigners subject to deportation or to coercive bringing to the border of the Republic of Bulgaria, in compliance with the law and the international treaties, to which the Republic of Bulgaria is a party;

9. set and maintain in order the border signs, mark the borderline of the national borders and bar destruction, shift or other acts related to the territorial integrity of the Republic of Bulgaria;

10. draft large-scale maps and documentation concerning the national borders, setup and maintain the geodesy and cartography fund;

11. prevent terrorist acts and neutralize terrorist and diversionary groups;12. organize and realize protection and security of strategic and especially

important objects;13. organize and provide security when events of the MoI Leadership take

place; 14. organize and fulfill tasks securing the MoI Leadership at wartime and

peacetime stations if the country is brought from state of peace to state of war, and in complicated situations;

15. control over the road transport safety, the technical operability of the motor vehicles and organize the registration of motor vehicles, drivers and traffic accidents;

16. allow and exercise control over acts involving generally hazardous means;17. allow and control over persons involved in security;18. issue Bulgarian identity papers and realize administrative control over

their issue, use and storage;19. search defendants and prisoners at the bar who escaped from penal

prosecution, evade from serving their term of punishment, missing persons, as well as other persons, in the cases as provided by law;

20. organize and perform activities related to convoying persons in the country and abroad;

21. accomplish acts required for the identification of persons;22. attract citizens and non-governmental organizations to voluntarily help at

fulfilling the Services functions, as provided by law - under the conditions and procedures established by Minister of Interiors regulation;

23. independently or together with other MoI structural units, as well as with other public authorities empowered for that purpose, carry out operative and other acts related to maintaining the countrys security;

24. realize international information and operative police collaboration;25. deliver information to public authorities, organizations, legal entities and

citizens, who have the legal interest and reason to obtain such information - under the conditions and procedures determined by the Minister of Interior; the non-budgetary funded legal entities and the citizens shall pay charges in the amount determined by the Council of Ministers;

26. cooperate with and assist the public authorities and local self-management and non-governmental organizations, and take the necessary measures for observing

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the laws and the public authorities instructions;27. collect, process, utilize and deliver information acquired during or on the

occasion of the fulfillment of the Services functions;28. examine and analyze the reasons and conditions for the state of

criminality favouring the commitment of crimes and other offences, and fulfill signalling functions concerning public authorities, juridical and physical persons, in order to remove such reasons;

29. accomplish criminological and criminalistical examinations, collect, examine and assess tracks and material evidence, and produce expert examinations;

30. develop methodologies concerning the prevention and discovery of crimes;

31. perform also other activities as provided by law.(2) The offices and organs entrusting the execution of the activities under Para

1, item 29 shall provide the documents and funds required for their realization.(3) In order to secure the national borders and control the observance of the

border regimen the National Police Service shall fulfill its functions in the border zone, in the zones of border check-points, international airports and seaports, inland waters, territorial sea, adjacent zone, continental shelf, the Bulgarian part of the river of Danube, as well as in the zones of the other border rivers and ponds.

(4) By Council of Ministers Ordinance, the following shall be established:1. depth of border strip and border zone;2. opening and closure of border check-points.(5) By Minister of Interiors administrative act, the following shall be

established:1. the procedure to implement the border passport and visa control at the

border check-points;2. the methods and organization to perform security of land, sea and river

sections of the national borders.

Section IICompetences of the Organs

Art. 53. (1) The organs of the National Police Service shall be public officers.(2) During participation in missions of international organizations the organs

under Para 1 shall obey also the rules of the relevant mission.

Art. 54. (1) The pre-trial investigators shall perform investigations of crimes under the procedures of the Penal Procedure Code.

(2) No other functions shall be entrusted to pre-trial investigators except for the ones under Para 1.

(3) In exercising such powers a pre-trial investigator shall make decisions in conformity with his/her convictions based on the objective, comprehensive and complete examination of all circumstances under the relevant case, governed by law.

(4) A public prosecutors written instructions concerning the investigation shall be obligatory to a pre-trial investigator.

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(5) Higher-ranking officials shall not be entitled to give instructions concerning the performance of acts under an investigation and drafting conclusion, as well as in any other way to interfere in the investigation.

Art. 55. (1) Police organs may issue instructions to public authorities, organizations, legal entities and citizens, if necessary for the fulfillment of the functions so entrusted. Such instructions shall be written or oral.

(2) In case it is not possible to issue written or oral instructions, such instructions shall be given by acts with a meaning clear to the relevant persons.

(3) In view of fulfilling the functions of control over the road traffic safety, instructions may be given by acts or signs as provided by law.

(4) The police organs instructions shall be obligatory except in cases when their fulfillment would result in committing a crime or violation which is clear to the relevant person.

(5) (Amend. - Official Gazette, No. 30/2006). Instructions issued in written form shall be subject to appeal under the Administrative Procedure Code.

Art. 56. (1) Police organs may warn orally or in writing a person, where there are sufficient data and it may be supposed that such person will commit a crime or violation of the public order.

(2) On such warning in writing a record shall be drafted, by which the person is warned of the liability provided for commiting such crime or violation of the public order.

(3) A record of warning shall be drafted in the presence of the relevant person and a witness; following the acquaintance with its contents, the record shall be signed by the police organ, the person and the witness. The persons refusal of signature shall be attested by the witnesss signature. In cases of family violence a copy of the record of warning shall be delivered to the victim on request.

Art. 57. (1) After the conditions and reasons for committing of crimes and other violations of the public order have been established, the police organs shall take measures for their removal.

(2) Where other organs or organizations are competent to take measures under Para 1, the police organs shall notify them in writing about it.

(3) The competent organs under Para 2 shall be obliged to, within one month, notify in writing the police organs of the measures taken.

Art. 58. The police organs shall prevent and discover crimes.

Art. 59. (1) The police organs shall register persons brought to justice as accused for committed intentional crime of a general nature. The public authorities implementing the penal proceedings shall be obliged to undertake the measures required for such registration by the police organs.

(2) Such registration shall be a kind of processing personal data of the persons

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under Para 1, to be fulfilled under the conditions of this Act.(3) For the purposes of such registration the police organs shall:1. collect personal data of the persons established under Art. 18, items 1 - 20

of the Bulgarian Identity Papers Act;2. take the persons fingerprint and photograph;3. confiscate samples of the persons DNA profile, if required.(4) For performing the acts under Para 3, items 1 and 2, the persons consent

shall not be necessary. (5) The persons shall be obliged to provide the samples required under Para 3,

item 3, and if they refuse to do so, such samples shall be taken in a coercive manner, with the permission given by a judge belonging to the relevant Court of first instance.

(6) The procedure of fulfilling police registration shall be established by Minister of Interiors regulation.

Art. 60. (1) The police organs shall be entitled to summon to official premises citizens, in compliance with their powers under this Act.

(2) The police organs shall notify in writing the citizens of such summon. In the notification, the purpose of summoning, and the time and place of appearance shall be explicitly indicated.

(3) In urgent cases such summoning may be made on telephone, telex or telefax. Summoning on telephone or telefax shall be attested in writing by the official who made it, and on telex by written acknowledgement of its receipt.

Art. 61. (1) The police organs shall be entitled to make examinations in order to establish a persons identity:

1. of whom there are data that the person has committed crime or another violation of the public order;

2. if this is necessary for the discovery or investigation of crimes and if administrative penal proceedings have been instigated;

3. to control the regularity of identity papers and the stay in the country;4. at check-points organized by the police;5. upupon request by another public organ to render assistance, under

conditions and procedures as provided by law.(2) The identity shall be established by submitting a paper of the persons

identity, based on information delivered by citizens with established identity knowing the relevant person or in another way appropriate for the collection of reliable data.

Art. 62. (1) The police organs shall be entitled to perform acts required for identification of a person, where:

1. the persons identity can not be established under the procedures of Art. 61, Para 2;

2. the person has committed crime or there are data indicative for a crime committed by such person;

3. a foreigner seeking protection under the Asylum and Refugees Act has entered the country not in the legally established order, or is illegally staying in the

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Republic of Bulgaria.(2) The identification acts shall cover the following:1. taking of fingerprints and palm prints;2. photographing the person;3. establishment of distinguishing externals;4. measurements and taking of samples in view of comparative examinations;5. taking of samples of biological origin, for comparative DNA identification.(3) For the acts under Para 2, items 1 4, the persons consent shall not be

required. (4) For the acts under Para 2, item 5, Art. 59, Para 5 shall apply. (5) Should the reasons under Art. 61, Para 1 be no longer relevant, the police

organs shall officially or on the persons request destroy the materials collected.

Art. 63. (1) The police organs shall be entitled to detain a person:1. if there are data that the person has committed a crime;2. who, following due warning, consciously deters the police organ from

meeting the organs obligation on duty;3. who shows serious psychic deviations and by his/her behaviour violates the

public order or puts to obvious danger his/her life or the life of other persons;4. a juvenile breaker who has left his/her home, guardian, trustee or

specialized institution, in which such minor has been accommodated;5. if it is impossible to establish the persons identity in the cases and manners

established in Art. 61, Para 2;6. who deviated from serving his/her term of punishment detention under

custody" or in places, where the person has been detained as an accused, in compliance with a police or judicial organs instruction;

7. the person is declared for international search on the request of another state in connection with the persons extradition or in compliance with European order of arrest;

8. in other cases as provided by law.(2) In the cases under Para 1 the person may be accommodated in special

premises and against such person measures for personal security may be taken, if the persons behaviour and the purposes of detention require so.

(3) Where a detainee has no command of the Bulgarian language, he/she shall be directly informed about the reasons of his/her detention in a language understandable to such detainee.

(4) The detainee shall be entitled to appeal to the Court the legality of such detention. The Court shall directly deliver judgement on such appeal.

(5) Since the moment of detention the person shall be entitled to attorney.(6) In case of detention the relevant organ shall be obliged to immediately

notify a person indicated by the detainee.

Art. 64. A person detained under the conditions of Art. 63, Para 1, items 1 - 5, shall not be deprived of other rights except for the right of free movement. The term of detention in the above cases shall not exceed 24 hours.

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Art. 65. (1) In order to take a detainee to a place of detention, the police organs shall issue written order.

(2) The police organs shall be obliged to immediately set free a person, if the reasons of detention dropped off.

Art. 66. For prevention of crimes or violations of the public order, the police organs shall be entitked to use also technical devices for obvious surveillance which shall be announced in advance, in an appropriate procedure.

Art. 67. (1) The police organs may convoy persons in the country and abroad.(2) The offices and organs entrusting with such convoying shall provide the

documents and funds required for the realization of such convoying.

Art. 68. (1) The police organs shall search persons who:1. have been detained under the conditions of Art. 63, Para 1;2. if there are data that the relevant person holds articles dangerous or

prohibited to hold;3. were found in a place, where a crime or violation of the public order has

been committed, if there are sufficient data that the relevant person holds belongings related to such crime or violation.

(2) The persons search shall be executed only by a person of the same sex.

Art. 69. (1) The police organs shall be entitled to check personal belongings of persons as follows:

1. in the cases under Art. 61, Para 1, items 1, 2 and 4, Art. 62, Para 1, items 1 and 3 and Art. 63, Para 1, items 3, 4, 6 and 7;

2. if there are sufficient data that material evidence of committed crime was hidden;

3. in other cases as provided by law.(2) A vehicle may be examined, if there are data of a committed crime or

violation of the public order.

Art. 70. (1) For every case of performed search or examination of belongings and vehicles the police organ shall draft a record.

(2) The record under Para 1 shall be signed by the police organ, by one witness and the relevant person, to whom a copy shall be delivered.

(3) The search and examination of belongings and vehicles shall be made in a manner not defaming the honour and dignity of the citizens.

Art. 71. (1) The police organs may perform examinations in premises, failing the consent of the relevant owner or dweller, or in their absence only if:

1. an immediately forthcoming or an already started serious crime shall be prevented;

2. there are data that in such premise a person is hiding who has committed a

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serious crime;3. urgent assistance shall be rendered to persons whose life, health or personal

freedom have been endangered or in other cases of urgency.(2) Following the completion of such examination the police organs shall be

obliged to draft a record where they shall state:1. the name and office of the officer and his/her place of employment; 2. the identity of the premises owner or dweller;3. the reasons for such examination;4. the time and place of its realization; 5. the results of such examination.(3) The record shall be signed by the police organ, by one witness and the

owner or dweller of the premise if the latter is attending. The refusal of an owner or dweller to sign the record shall be attested by the witnesss signature.

(4) A copy of the record shall be delivered to the premises owner or dweller.(5) The relevant public prosecutor shall be immediately informed of the

examination carried out.

Art. 72. (1) For fulfilling their obligations on duty the police organs may apply physical force and auxiliary means only if they are not able to meet such obligations in another way in cases as follows:

1. counteraction or refusal to fulfill a legal instruction;2. detention of a lawbreaker who fails to obey or offers resistance to a police

organ;3. convoying a person or if the latter tries to escape, to commit suicide or

murder, or to infringe somebody elses health;4. rendering assistance to other public authorities or officials who are illegally

prevented from fulfilling their obligations;5. attacks against citizens and police organs;6. liberation of hostages;7. group violations of the public order;8. attacks against buildings, premises, installations and vehicles;9. freeing of illegally occupied objects, if they got such instruction by a

competent organ.(2) Auxiliary means shall be as follows: handcuffs, strait jackets, rubber,

plastic, assault or electric shock sticks and devices; chemical substances approved by the Minister of Health; animals on duty, such as dogs and horses; blank cartridges, cartridges with rubber, plastic or shock bullets; devices for coercive stopping of motor vehicles; devices for opening of premises, light or sound devices having a diverting effect; water or air jet machines; armoured machines and helicopters.

(3) The procedure of using such auxiliary means shall be established by Minister of Interiors regulation.

Art. 73. (1) Physical force and auxiliary means shall be applied only after warning, except for the cases of sudden attack or liberation of hostages.

(2) The application of physical force and auxiliary means shall be relevant to the specific situation, the character of violation of the public order and the

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lawbreakers identity.(3) In applying physical force and auxiliary means the police organs shall be

obliged to, if possible, protect the health and take any measure to preserve the life of the relevant persons.

(4) The application of physical force and auxiliary means shall stop immediately after the purpose of such measure has been achieved.

(5) The application of physical force and auxiliary means in respect of visibly juvenile persons and pregnant women shall be prohibited. Such prohibition shall not be valid in cases of mass rioting, if all other means have been exhausted.

Art. 74. (1) The police organs may use weapons as extreme measure:1. in an armed attack or threat by fire-arms;2. in the liberation of hostages and handicapped persons;3. following a warning - to detent a person who is committing or has

committed a crime of a general nature, if such person offers resistance or tries to escape;

4. following a warning - to prevent the escape of a person who was legally detained for a committed crime of a general nature.

(2) When using weapons the police organs shall be obliged to, if possible, protect the life of the person, against whom such weapon is directed and shall not endanger the life and health of other persons.

(3) The police organs may use weapons without warning in cases of national border protection as follows:

1. in an armed attack against them;2. against persons who offered armed resistance.(4) In the national border protection within the bounds of inland waters and

the territorial sea of the Republic of Bulgaria the police organs shall be entitled to use weapons in the cases provided in the Maritime Spaces, Internal Waterways and Ports Act of the Republic of Bulgaria.

(5) Following the use of weapons the police organs shall produce reports.

Art. 75. (1) The police organs shall issue permits and certifying documents in the cases and under the procedures as provided by law or another normative act.

(2) For the permits and certifying documents issued charges shall be collected in the amount determined by the Council of Ministers.

(3) (Amend. - Official Gazette, No. 30/2006, in force since 12.07.2006). The refusals to issue permits or certifying documents shall be appealed under the Administrative Procedure Code.

Art. 76. (1) For protection by police organs of objects, contracts may be concluded between the MoI and the interested persons.

(2) For protection by police organs of objects equipped with alarm and security devices, contracts shall be concluded between the MoI and the interested persons.

(3) For protection by police organs of sport competitions or other mass

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activities, as well as of other events or activities of short-term character, contracts shall be concluded between the MoI and the interested persons.

(4) To provide the activity related to protection of objects by police organs within the limits of the approved MoI numerical strength, officers shall be appointed for the term of validity of the contract.

(5) The receipts and expenditures related to the activities under Para 1, 2 and 3 shall be allocated to the MoI budgetary accounts.

Art. 77. The Regional Police Directorates shall be entitled to conclude contracts with persons performing activity under the Private Security Act, for carrying out:

1. protective investigation of objects;2. training of officers from the units for self-protection.

Art. 78. (1) The police organs shal be entitled to accommodate in sobering establishments persons who for having used spirits or other intoxicating substances are not able to control their behaviour, violate the public order or were found in public places in helpless state.

(2) The police organs shall immediately, but not later than within 24 hours, notify the relevant public prosecutor about the persons who have been accommodated in sobering establishments.

(3) The sobering establishments shall be determined by the Minister of Interior in agreement with the mayors of the relevant municipalities.

(4) The organization, functions and activity of such sobering establishments shall be regulated by regulation signed by the Minister of Interior and the Minister of Health.

Art. 79. (1) The police organs shall be entitled, with a permit issued by the public prosecutor, to accommodate persons leading a nomadic life or involved in begging, in homes for temporary accommodation of adults.

(2) The term for staying in homes for temporary accommodation of adults shall be up to 30 days, in dependence of the time required for their accommodation in health institutions, hostels, and homes for old people or handicapped persons, or for putting them under judicial disability.

Art. 80. The police organs may accommodate in special homes for temporary accommodation foreigners, subject to coercive bringing to the border of the Republic of Bulgaria, or to deportation.

Art. 81. (1) The organization, functions and activity of the homes for temporary accommodation of adults shall be regulated by regulation signed by the Minister of Interior, in agreement with the General Public Prosecutor.

(2) The organization, activity and procedure of accommodation in special homes for temporary accommodation of foreigners shall be regulated by regulation

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signed by the Minister of Interior.

Art. 82. The police organs shall watch, establish and control objects and persons, where there are data that they prepare, commit or have committed crimes, including in cases of organized criminal activity performed by local or transnational criminal groups or organizations.

Art. 83. The police organs shall use special intelligence devices, under conditions and procedures as provided by law.

Art. 84. The police organs shall get assistance and organize the cover of officers and their activity at public authorities, organizations and legal entities in a procedure established by Council of Ministers Ordinance.

Art. 85. (1) The police organs for national border protection shall:1. deploy forces and means, build, employ or remove technical equipment and

other means;2. realize passport and visa control and perform examinations of commodities

and vehicles passing the border check-points;3. stop, detain and perform examinations of Bulgarian and foreign ships and

vessels which violated the rules of stopping and staying in the territorial sea, in inland waters, the adjacent zone, the continental shelf or the Bulgarian part of the river of Danube;

4. stop, detain and perform examinations of Bulgarian or foreign aircrafts if violations of the border regimen have been stated, or if the flight security is endangered, together with the specialized units;

5. chase breakers of national borders beyond the border zone, together with other MoI services;

6. detain smugglers, illegally transported goods and vehicles which passed beyond the places established and make examinations, together with the customs authorities;

7. restrict temporarily or forbid the traffic of persons and vehicles in zones and objects under Art. 52, Para 3, when oerforming operative search in order to detain persons or vehicles and if there is danger to the life and health of people;

8. take, accompany and deliver breakers of the national borders from and to the neighbouring border authorities and to other states, in compliance with the law and with international treaties, to which the Republic of Bulgaria is a party;

9. install and use technical means for surveillance and photographing, the results of which may be used only for prevention or discovery of crimes or violations, including for prevention or discovery of illegal passing the national borders, of crimes or violations in the territory of the border check-points directed against the passport and visa regimen, or of threats to the security of the personnel, buildings or the services installations;

10. accommodate cmpulsory in special premises or in special homes foreigners who violated the border regimen and are subject to coercive bringing to the

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border or to deportation, as provided by law.(2) The National Police Service Director, in agreement with the Minister of

Foreign Affairs and in compliance with the international treaties, shall appoint border representatives to settle border violations.

Art. 86. At fulfilling their powers the police organs shall be obliged not to defame the dignity of the citizens and shall respect their rights and legal interests.

Art. 87. (1) The National Police Service shall setup and maintain data collections, if required for its activity, at which the Service shall collect, process, store and use information acquired during or on the occasion of fulfilling its relevant functions.

(2) The information under Para 1 shall be delivered to other organs through the channels established by Minister of Interiors regulation.

Art. 88. The National Police Service shall obtain from the MoI Services and Directorates information, in connection with the execution of the Services functions.

Art. 89. At fulfilling the protection of strategic and especially important objects the police organs shall be entitled to:

1. deploy forces and facilities, build, employ or remove technical equipment and other means of protection;

2. utilize communication facilities or cut them off.

Art. 90. At fulfilling the administrative control of foreigners stay in the Republic of Bulgaria the police organs shall:

1. propose measures for regulation of migration processes;2. allow, refuse or withdraw the right of long stay or prolong the term of stay

for foreigners in the Republic of Bulgaria;3. establish administrative violations and implement measures of

administrative pressure;4. deliver opinions on applications for acquisition, restoration or release of

Bulgarian citizenship, for issue of visas or other permits to foreigners as provided by law;

5. cancel visas or cut down the terms of foreigners stay in the country fixed by visas, if the latter fail to meet the legal requirements;

6. perform activity in connection with the issue of foreigners travel documents who belong to diplomatic or consular representative services of other states in the Republic of Bulgaria.

Art. 91. (1) In the liberation of hostages, detention or neutralization of perpetrators of especially dangerous crimes, if the latter offer or are inclined to offer armed resistance and in conformity with the specific operative-tactical situation, the police organs shall be entitled to:

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1. use fire weapons and other means added to the armory, as well as special protective means guaranteeing their personal security and cover of their identity;

2. split areas, stop or divert the traffic of vehicles and temporarily cut off telecommunication connections;

3. protect MoI organs, public authorities and organizations In compliance with their functions.

(2) The officers performing activities under Para 1 and their families shall enjoy a special regimen of address registration, registration of personal cars and telephones as determined by the Minister of Interior.

(3) The identity of the officers performing activities under Para 1 shall be kept secret.

(4) The use of officers performing activities under Para 1 shall be allowed by written order signed by the National Police Service Director, for each individual case.

Chapter EightNATIONAL FIRE SAFETY AND PROTECTION OF

POPULATION SERVICE

Section ITasks and Activities

Art. 92. (1) The National Fire Safety and Protection of Population Service shall be a specialized MoI service for fire safety and protection of population in case of fires, calamities, accidents or catastrophes.

(2) The National Fire Safety and Protection of Population Service shall perform activity independently or together with other public authorities, organizations and citizens.

Art. 93. (1) In compliance with the tasks under Art. 92 the National Fire Safety and Protection of Population Service shall realize:

1. fire fighting activity;2. rescue activity;3. public fire-prevention control;4. preventive activity;5. applied research and expert activity;6. information analysis;7. international activity;8. permissive and controlling activity in respect of traders performing fire

fighting or rescue activity, or fire-prevention inspection of objects;9. other activities as provided by law.(2) The procedure of performing activities under Para 1 shall be established

by Minister of Interior regulations.

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Art. 94. The fire fighting activity shall cover:1. assessment of the methods, ways and means of fire fighting;2. development of plans on accidents liquidation;3. immediate sending of forces and means if there are reports on fire;4. rescue of people and property;5. limitation and liquidation of fires;6. offering of first medical care to victims;7. organization of victims transportation to health institutions.

Art. 95. The rescue activity shall cover:1. assessment of the methods, ways and means of performing such activity;2. immediate sending of forces and means if there are reports on disasters,

accidents or catastrophes;3. limitation and liquidation of the aftermaths of disasters, accidents or

catastrophes;4. rescue of people, property and valuables;5. offering of first medical care to victims;6. organization of victims transportation to health institutions.

Art. 96. (1) The public fire-prevention control shall cover:1. control over the observance of rules and norms on fire safety in the process

of design, construction, reconstruction, modernization and exploitation of objects in urbanized, agricultural, forest, protected or violated territories subject to restoration, and of buildings and technical equipment and installations;

2. control over the production, import, trade or exploitation of products, machinery and installations in connection with their fire safety;

3. participation in public admittance commissions to allow utilization of buildings;

4. issue of certificates and accomplishment of certification examinations of the objects compliance with the fire safety requirements;

5. coordination of projects and delivering of opinions on comissioning of buildings;

6. control over the compliance of the assessed products, equipment, automation, fire-fighting means and others with the fire safety requirements.

(2) In order to determine the rules and norms on fire safety in the process of design, construction, reconstruction, modernization and operation of the objects in urbanized, agricultural, forest, protected or violated territories subject to restoration, the Minister of Interior shall independently or together with the Minister of Regional Development and Urbanization produce regulations.

Art. 97. The prevention activity shall cover:1. informative and explanatory activity among the people in order for them to

form the required behaviour and acts in case of fires, calamities, accidents or catastrophes;

2. coordination and cooperation with public authorities and organizations in

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connection with training the people in acting in case of fires, calamities, accidents or catastrophes;

3. publishing activity in the field of fire safety and orotection of population.Art. 98. The applied science and expert activity shall cover:1. development of rules and norms on securing fire safety and protection of

population;2. scientific information service and preparation of applied science products

in the field of fire safety and protection of population;3. examination of the reasons and conditions concerning the origin and spread

of fires, accidents or disasters;4. development of methods and means of prevention and liquidation of fires,

accidents or disasters;5. examination and assessment of parameters of the fire characteristics of

substances, materials and products;6. assessment of the reaction to fire and the limits of fire resistance of

materials, building materials and installations, and drafting of records;7. assessment and drafting of records concerning the technical and

physicochemical characteristics of fire equipment and fire-fighting substances;8. assessment of products and rescue installations compliance with the fire

safety requirements;9. certification of products providing fire safety;10. accomplishment of expert examinations of fires and accidents;11. coordination and development of projects and types of fire prevention

equipment, installations, devices, facility, fire-fighting substances and fire-resistant products.

Art. 99. (1) The information analysis activity shall cover: collecting, processing, storing, analyzing, using and providing of information concerning:

1. originated fires, accidents, disasters or catastrophes and the activity performed by the Service;

2. preventive and administrative penal measures;3. strategic and especially important objects;4. fire prevention and rescue equipment, armament and fire-fighting means;5. plans on the liquidation of aftermaths of fires, accidents, disasters or

catastrophes;6. permits issued to traders involved in fire fighting or rescue activity, or fire-

prevention inspection of objects.(2) The National Fire Safety and Protection of Population Service shall setup

and maintain data collections based on the information acquired at fulfilling the Services functions.

(3) The information under Para 1 shall be delivered to public authorities, organizations, legal entities and citizens having legal interest and reason to acquire such information - under the conditions and procedures established by Minister of Interiors regulation. The non-budgetary maintained legal entities and the citizens shall pay charges in the amount determined by the Council of Ministers.

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Art. 100. The international activity shall cover:1. organization, coordination and representation of the MoI in the cooperation

with related international institutions and organizations in the field of fire safety and protection of population;

2. development of programs and projects concerning international funds;3. involvement in training and sending of rescue teams to international

missions.

Art. 101. The permissive and controlling activity over traders performing fire fighting or rescue activity, or fire-prevention inspection of objects, shall cover the issue of permits and control over the observance of the requirements in performing such activities.

Section IICompetences of the Organs

Art. 102. The organs of the National Fire Safety and Protection of Population Service shall be public officers.

Art. 103. In the process of fire fighting and people and property rescuing in case of fires, accidents, disasters or catastrophes the organs under Art. 102 shall be entitled to:

1. enter any time residential, production and other buildings and premises of physical or legal entities;

2. destroy buildings or parts of them, disassemble structures, remove, destroy or damage property, trees or other plantations, if there is no other way of operation;

3. use rescue, fire-fighting, transport, communication or other technical means which are the property of physical or legal entities;

4. attract officials and citizens to render assistance;5. change the traffic order in the arena of rescue and fire-fighting acts, until

arrival of the relevant competent organs;6. use water sources and water supply networks for free, in order to provide

the required quantities of water for fire fighting.

Art. 104. (1) In the process of exercising public fire-prevention control the organs under Art. 102 shall:

1. perform examinations and control over the observance of the rules and norms on fire safety in the process of design, building and exploitation of objects in inhabited localities;

2. perform examinations in dwellings of citizens during daytime in the presence of their dwellers in case a report in writing has been received concerning the violation of the rules and norms on fire safety, and in the case of their absence or refusal - after a permit was issued by a judge from the relevant Court of first instance;

3. issue written instructions concerning implementation of the fire safety rules

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- to public authorities, organizations, legal entities and citizens;4. implement measures of administrative pressure if violations of the rules

and norms on fire safety have been established;5. give warning to public authorities, organizations, legal entities and citizens

in case of violation of the rules and norms on fire safety;6. if there are data of a crime committed, give warning to the relevant public

prosecutor;7. require from public authorities, organizations, legal entities and citizens

documents and intelligence related to securing fire safety; the information they obtained in such cases shall be kept secret;

8. require qualification documents for practicing of combustible or explosive professions and activities;

9. issue permits to traders involved in combustible or explosive activity;10. deliver opinions on the compliance of investment projects with the fire

safety requirements;11. issue certificates of the objects compliance with the fire safety

requirements;12. deliver opinions to allow the exploitation of buildings under the

conditions of Art. 177 of the Territory Organization Act;13. control the materials and installations put into the objects, for their

compliance with the fire safety requirements;14. issue permits to traders for practicing fire fighting or rescue activity or

fire-prevention inspection of objects and exercise control over the observance of the conditions under such permit issued.

15. issue documents concerning the fire safety of objects, buildings, installations, facilities and other upupon request by physical or legal entities, if this is provided in a normative act.

(2) For the certificates, opinions and other documents issued, charges in the amount determined by the Council of Ministers shall be collected.

(3) (Amend. - Official Gazette, No. 30/2006, in force since 12.07.2006). The refusals to issue certificates or permits shall be appealed under the Administrative Procedure Code.

Art. 105. The organs of the National Fire Safety and Protection of Population Service shall not perform:

1. fire fighting and rescue activity in objects of underground mining;2. public fire-prevention control in objects of underground mining, of the

Ministry of Defense and of vehicles, except for agricultural equipment and the railway stock.

Art. 106. The public authorities, organizations, legal entities and citizens shall be obliged to observe the instructions given by the organs of the National Fire Safety and Protection of Population Service and shall render assistance In compliance with their powers.

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Section IIIPerforming Activity to Secure Fire Safety under Contracts and by

Subjects beyond the Organs of the National Fire Safety and Protection of Population Service

Art. 107. (1) To provide fire safety of objects by organs of the National Fire Safety and Protection of Population Service, contracts should be concluded between the MoI and the interested persons.

(2) To provide fire safety of mass events, as well as of other arrangements or activities of short-term character by organs of the National Fire Safety and Protection of Population Service, contracts should be concluded between the MoI and the interested persons.

(3) To provide the activities under Para 1 within the limits of the approved MoI numerical strength, officers should be appointed for the contracts term of validity.

(4) The receipts and expenditures for the activities under Para 1 and 2 shall be allocated to the MoI budgetary accounts.

Art. 108. (1) The Minister of Interior or officials empowered by the latter shall issue or withdraw permits to traders for practicing fire fighting or rescue activity or fire-prevention inspection of objects.

(2) The persons practicing directly the activity of traders shall meet the following requirements:

1. shall have the required professional qualification;2. shall not be convicted for intentional crime of a general nature except in

case they were rehabilitated;3. shall not suffer from mental disorder.(3) The permit issued for practicing the activities under Para 1 shall be taken

away in the cases where:1. within three months following the receipt of such permit the trader fails to

provide the required minimum of technical means or personnel for practicing such activity;

2. in performing such activity, the trader fails to maintain the required minimum of technical means or personnel, or if the trader maintains the employment of a person contrary to the requirements under Para 2, and within one month from receipt of a warning in writing fails to remove the established incompliance.

(4) The procedure of issue or withdrawal of permits to practice fire fighting or rescue activity, or fire-prevention inspection of objects by such traders, of stating the required professional qualification, as well as the minimum of technical means and personnel, shall be established by Minister of Interiors regulation.

(5) For the issue of permits under Para 1, charges shall be collected in the amount determined by the Council of Ministers.

Art. 109. The Regional Fire Safety and Protection of Population Directorates

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shall be entitled to conclude contracts with traders who received permits under Art. 108, Para 1, for the following:

1. training of persons involved directly in fire fighting or rescue activity, or in fire-prevention inspection of objects;

2. methodological assistance in the organization of the objects fire and emergency safety.

Art. 110. (1) In a procedure determined by the Council of Ministers, on the territory of inhabited places and municipalities, voluntary units to support the organs of the National Fire Safety and Protection of Population Service should be established for the following:

1. prevention, limitation and liquidation of fires;2. limitation and liquidation of aftermaths of disasters, accidents or

catastrophes;3. rescue of people and property.(2) The participants in voluntary units under Para 1 shall have the rights under

Art. 103, items 1, 2 and 6 and under Art. 37, 38 and 39 of the Management in Crises Act.

Chapter NineSPECIALIZED DIRECTORATES

Section ITasks and Activities

Art. 111. (1) The Operative and Technical Information Directorate shall accomplish secret operative engineering activity, at which the Directorate shall:

1. provide, develop or implement special intelligence devices and produce material evidence, under conditions and procedures as provided by law;

2. watch, penetrate, photograph, implement video and sound recording, film, or mark articles, and produce psychological analysis in view of collecting data of committed crimes, and protection of the national security and public order;

3. perform operative-technical examination of mail or other correspondence for the purposes of preserving the life, health and security of citizens and protecting the national security and public order;

4. control data transmission and receipt of information through wire communications;

5. prevent through technical methods terrorist acts directed against public authorities, organizations, legal entities and citizens, as well as against strategic objects and activities;

6. perform information activity.(2) The Operative and Technical Information Directorate shall manage and

control the activity of its territorial units.

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Art. 112. The Intercommunications Directorate shall provide the special communication means required by the public authorities and the MoI, at which the Directorate shall:

1. study, design, develop and implement new systems, technical installations and means in intercommunication equipment;

2. provide special and operative intercommunication for public authorities and the MoI in the territory of the entire country;

3. plan and organize the operation of the intercommunication system and realize its management, control and automation;

4. operate, maintain and service the technical installations and means in the intercommunication system;

5. organize the interconnections required for performing of events and trainings of public authorities and the MoI Services and Directorates;

6. organize hiring of installations and services from licensed telecommunication operators;

7. prepare the intercommunication system for wartime, disasters or production accidents;

8. cooperate with the MoI National Services and Specialized Directorates, with public authorities, organizations and legal entities in connection with the execution of such functions;

9. perform information activity.

Art. 113. (1) The Communications Facilities Protection Directorate shall be an organ in charge for the cryptograph security of classified information in the Republic of Bulgaria and in its diplomatic and consular representative services, involved in acquisition, systematization and processing of information from foreign sources in the interest of the national security, and operative control of the national radiofrequency range, at which the Directorate shall:

1. assess and develop cryptograph algorithms and means for the cryptograph security of classified information; approve and control the cryptograph networks of classified information; elaborate and assign the cryptograph keys used; allow and control the production and import of cryptograph security facilities;

2. accomplish accreditation and issue certificate of security for automated information systems or networks used for working with classified information; coordinate and control the activity of protection against spurious electromagnetic radiation from technical facilities for processing, storing or transmitting classified information;

3. organize and realize the communications of the Republic of Bulgaria with its diplomatic and consular representative services and the cryptograph security of the exchanged information, provide the necessary personnel for the departmental units, and the diplomatic and consular representative services;

4. acquire, process and systematize the information using technical facilities from technical sources of other states, in the interest of the national security and deliver such information to users as provided by law and by Minister of Interiors order;

5. discover and prevent utilization of the national radiofrequency range

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against the countrys security or contrary to laws, and cooperate with the competent organs;

6. control and remove sources of radio interference in the radiofrequency range, assigned if required for the national security and defense of the Republic of Bulgaria;

7. secure and implement special intelligence devices and produce material evidence, under conditions and procedures as provided by law;

8. accomplish operative search activity;9. cooperate with other MoI Services and with specialized public authorities,

as well as with related services from other states and international organizations within the term of their reference;

10. perform information and analysis activity, and then delivered the materials to the MoI Leadership, the Ministrys Services and Directorates and to other organs, in the manner determined by the Minister of Interior.

(2) The Offices shall provide financially the activity of the units under Para 1, item 3 and at the diplomatic and consular representative services.

(3) The organization of the activity under Para 1, item 3 shall be established by Council of Ministers Ordinance.

(4) For fulfilling the functions under Para 1, items 4 and 5, the Communications Facilities Protection Directorate shall develop and implement specific methods and means.

Art. 114. The Operative Search Directorate shall accomplish secret operative-technical activity for the discovery and documentation of committed crimes, including for the preparation of material evidence, at which the Directorate shall:

1. realize surveillance of persons and objects and assist in the prevention of crime committing;

2. carry out tracking of persons;3. produce records, film and photograph persons and objects;4. control telephone calls made from public telephones;5. secure by employing specific methods and special intelligence devices the

life, health and property of physical persons;6. perform operative study of persons and objects;7. manage and control the activity of its territorial units;8. participate in joint events with the competent MoI structural units in the

discovery and prevention of crimes;9. participate in training of officers from the intelligence and

counterintelligence services of the Republic of Bulgaria;10. setup and use its own data collection, as a part of the MoI information

system;11. store material evidence produced by the Directorate and deliver such

evidence to the relevant judicial authorities, on their demand.

Art. 115. The Inspectorate Directorate shall: 1. realize control over the enforcement of the Minister of Interior

administrative acts, as well as of the ones of the Deputy Ministers and the Secretary

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General;2. deliver opinion concerning the removal of offences and omissions in the

work of the main MoI structural units;3. render assistance in the organization and working methods of the

leadership of the main MoI structural units;4. realize control and render methodological assistance in the work of the

main MoI structural units directed to counteract corruption at the Ministry;5. perform, independently or together with other public authorities,

information and organizational activity directed to counteract corruption at the MoI, as well as for discovering of other forms of corrupt behaviour of MoI officers.

Art. 116. (1) The Information and Archives Directorate shall: 1. receive, register and process documents prepared by the MoI Services and

Directorates, at which the Directorate shall setup funds for temporary or permanent storage;

2. propose to the Minister of Interior archive documents, in order to remove their level of classification;

3. search and collect documents and articles related to the MoI history, and shall perform exposition activity;

4. restore and conserve archive documents and