LAW FOR THE CIVIL SERVANT Prom. SG 67 1999; Amend. SG 1 2000; Amend. and Suppl., SG 25 2001; Amend. SG 99 2001; Amend. SG 110 2001; Chapter I. GENERAL PROVISIONS Subject Art. 1. With this law shall be provided the occurrence, the content and the termination of the official legal relations between the state and the civil servant at and on the occasion of the implementation of the civil service as far as other is not provided in a special law. Civil servant Art. 2. (2) Civil servant shall be a person taking paid position in the administration as well as a person to which a special law concedes a statute of civil servant observing the requirements of this law. (2) The Council of Ministers shall determine the names of the positions of the civil servants and their distribution in groups and ranks in Unified classification of the positions of the administration. (3) In the structural regulations of the separate administrations shall be determined the functional characteristics of the administrative units. (4) The payroll structure and the job descriptions of the civil servants shall be approved by the body for appointing the corresponding administration. (5) The Minister of State Administration and the Minister of Finance shall approve an ordinance for equalisation of new positions to these included in the Unified classification of the positions of the administration. Exceptions Art. 3. Not civil servants in the sense of this law shall be: 1. the members of the political cabinets, the deputy regional governors and the deputy mayors of the municipalities; 2. the persons implementing technical functions in the administration. Requirements for implementing civil service Art. 4. (1) The civil servant shall at implementing his service be lead by: 1. the law and the lawful acts of the bodies of the state power; 2. observing and protection of the rights, the legal interests and the liberties of the citizens; 3. the interests of the state. (2) The civil servant at implementing his service shall be politically neutral. Kinds of civil servants Art. 5.(1) Depending on the character of the official obligations and the degree of the professionalism the civil servants shall be managers and experts.

(2) The manager shall lead an administrative unit and be responsible for its work. (3) The expert shall implement a service supporting the implementation of functions of the state power. Chapter II. ESTABLISHING OF THE OFFICIAL LEGAL RELATION Implementation of civil service Art. 6. (1) (prev. art. 6 – SG 99/01) The civil servant shall implement the civil service on the basis of appointment by a competent body of the state power. (2) (new – SG 99/01) The body for appointing can assign separate authorities of his for the legal employment relation to the administrative secretary, except the appointing and the terminating of the legal employment relations, as well as the imposition of disciplinary penalties. Terms for appointment Art. 7. (1) The civil servant shall be possible to be an appointed person who: 1. is a Bulgarian citizen; 2. is of full age; 3. is not under legal disability; 4. has not been indicted for a committed crime of general character to imprisonment; 5. has not been deprived by the due order from the right to take certain position; 6. meets the specific requirements provided in the normative acts for taking the corresponding position. (2) As civil servant shall not be possible to be appointed a person who: 1. would occur in a direct hierarchic connection of management and control with a spouse, relative of direct line without limitation, of lateral line up to forth degree inclusive or of marriage line up to forth degree inclusive; 2. sole entrepreneur, unlimited liable partner in a company, manager or executive member ofa commercial company, commercial proxy, commercial representative (procurator); 3. is an MP; 4. is a councillor in a municipal or regional council - only for the municipal administration; 5. takes managerial or control position in a political party; 6. works in an employment legal relation, except as lecturer in a high school. (3) At managerial positions shall be possible to be appointed only persons with high education. (4) At taking a civil service shall not be admitted discrimination, privileges or restrictions based on race, nationality, ethnic origin, sex, origin, religion, membership in political, professional and other public organisations or movements, personal, public and proprietary status. Application for appointing to civil service Art. 8. (1) For taking civil service shall be submitted a written application for appointment.

(2) To the application shall be attached the necessary documents for taking the corresponding position determined in an ordinance by the Minister of the State Administration. (3) At submitting the application for taking civil service the candidate shall sign a declaration about the circumstances of art. 7, para 2. Grounds for occurrence of the official legal relation Art. 9. (1) The official legal relation shall occur on the basis of an administrative act. (2) The official legal relation shall be for unlimited time if in a normative act or administrative act other has not been specified. Competition procedure Art. 10.(1) The administrative act for appointment shall be possible to be preceded by a competition procedure under this law. (2) In the cases of para 1 the body for appointment shall issue an administrative act for determining: 1. the position for which a competition is conducted; 2. the normative and the additional requirements for taking it; 3. the way of conducting the competition; 4. the necessary documents, the place and the time for submitting them which shall not be possible to be shorter than 30 days after the publishing of the announcement about the competition; 5. the official or the commission which will accept the documents and admit the candidates to the competition. (3) The announcement of the competition shall be published by the body of appointment in one central and one local daily newspaper and shall be announced in another usual way. In the announcement shall be contained all the data of para 2, items 1 - 4. (4) For participation in the competition shall not be required consent by the employer if the person is in employment legal relations, the candidate having the right to unpaid leave for the days of participation in the competition and up to 2 days for travel when the competition is in another settlement. (5) The admission of the candidates to the competition shall be implemented by the determined official or by the commission of para 2, item 5. (6) To the admitted to the competition the body for appointment shall announce in writing the date which cannot be earlier than the elapse of 14 days after the term for submitting the documents, the hour for starting and the place for conducting the competition. (7) To the candidates not admitted the body for appointment shall announce in writing the grounds for not admitting which could be only on the basis of the normative and the additional requirements for taking certain position, announced under para 2, item 2. In 3 days term after receiving the announcement the not admitted candidates shall be able to make appeals before the State administrative commission, which shall in 3 days term be able to issue obligatory prescription to the body for appointment and to notify the not admitted candidate about its decision. (8) Before the conduct of the competition the body for appointment shall appoint a competition commission comprised by the corresponding specialists among which shall obligatory be present a representative of the State administrative commission. In

it shall be possible to participate also representatives of the professional organisations of the civil servants from the corresponding administration. (9) The competition commission shall conduct the competition according to the announced way assessing the professional and the business qualities of the candidates and shall be able to grade three of them, the assessment of the commission and the grading of the candidates being not subject to appeal. About the conducted competition a record shall be compiled. (10) The record and all the documents of the approved candidates shall be presented to the body for appointment which shall issue an act for appointing one of them. (11) The administrative acts of para 2 and 8 shall not be subject to an appeal. (12) The state administrative commission shall give methodical instructions for conducting the competitions. Requisites of the act for appointment Art. 11. (1) The administrative act for appointment shall be issued in writing. (2) The act for appointment shall contain: 1. the name of the act; 2. the name of the body that has issued it; 3. the legal grounds for the appointment; 4. the names of the appointed person; 5. the name of the position the person is appointed to and the rank determined to him; 6. the extent of the salary and the supplements to it; 7. date of issuing and signature of the person issued the act. (3) In the act for appointment shall be possible to be determined the place and the character of the work as well as additional terms connected with the specific nature of the position. (4) The act for appointment shall be handed over against a signature of the appointed person. Trial period Art. 12. (1) When the candidate is appointed for the fist time, the body for appointment shall be able in 6 months term assumed after taking of the position to terminate the official legal relations without a warning. (2) Within the term of para 1 the civil servant shall be able to terminate the official legal relation with one month warning. Taking of apprentice positions Art. 13. (1) When for taking a certain position has been provided preliminary practice apprentice positions shall be defined. (2) The appointing of apprentices shall be implemented with an administrative act of the competent body determining the duration of the apprenticeship, the unit it is carried out in and the extent of the salary. (3) During the apprenticeship for the apprentice shall be ensured practical and theoretical training necessary for meeting the requirements of the civil service. Its duration shall be recognised as official practice. Starting the service

Art. 14. (1) The starting of the service shall start in 10 days term after the date of issuing the act of appointment which shall be ascertained in writing. The official legal relation shall occur as from the day of taking the position. (2) Before taking the position the civil servant shall be obliged to be sworn in with the following contents: "I have been sworn in implementation of the civil service to observe and to be lead by the Constitution and the laws of the Republic of Bulgaria and to accomplish in good faith my official obligations in compliance with the interests of the state." (3) The taking of oath shall be ascertained with signing an oath declaration (4) If the appointed person does not take the oath or does not take the position within the term of para 1 due to respectable reasons the body for appointment shall define with an order a new term for taking the position. (5) If the appointed person does not take the position or does take the oath the act for appointment shall be repealed by the body for appointment. (6) In the cases of para 5 when a competition has been carried out the body for appointment shall be able to issue an act for appointing of another participant graded by the competition commission. Official legal relation for substitution Art. 15. (1) The civil servant shall be possible to be appointed for certain term only in case of substitution of a civil servant who is absent from work for more than 30 days. (2) The official legal relations of para 1 shall be possible to occur also without conducting a competition observing the requirements of art. 8, 9, 11 and 14. (3) At substitution the parties shall have the same rights and obligations as at the regular official legal relations. (4) The official legal relation of para 1 shall be terminated as from the day of returning of the civil servant being substituted. (5) The civil servant shall preserve the rank he has acquired during the substitution if it has happened by the order of art. 73, para 3. Additional official legal relation at unoccupied payroll position (internal holding of additional appointment) Art. 16. (1) The body for appointment shall be able, if there is unoccupied position for which a candidate has not appeared, to offer to certain civil servant internal holding of additional appointment for certain period. (2) In the cases of para 1 the distribution of the working time and the determining of the obligations of the civil servant shall take place observing the requirements for duration of the week and day rest. Official file Art. 17. (1) For each civil servant the corresponding administration shall compile and keep an official file. (2) In the official file shall be reflected the taking of the civil service and the discharge from it, the job description, the professional development, the rewards, the encouragements and the distinctions received, the leaves, the imposed penalties as well as the declarations of art. 29.

(3) The announcement of data from the official file of the civil servant shall not be admitted without his explicit consent. (4) The civil servant shall have the right to be acquainted with his file at request as well as to receive copies from the preserved documents. (5) The official file shall be preserved ten years after the termination of the official legal relation. (6) At passing from service for one administration to another one the official file shall be sent for preservation to the administration of the new appointment. Chapter III. STATUTE OF THE CIVIL SERVANT Section I. General provisions Basic principles at implementing the civil service Art. 18. The implementing of the civil service shall be based on the principles of lawfulness, loyalty, responsibility, stability, political neutrality and hierarchic subordination. Conditions for implementing the civil service Art. 19. The state shall create the necessary conditions for the implementation of the obligations of the civil servant defending him at the lawful fulfilment of the official obligations and indemnify him and his family for damages caused at and on the occasion of fulfilment of the civil service. Section II. Obligations of the civil servant Obligations to the citizens Art. 20. (1) The civil servant shall be obliged to announce without delay decision about the request of citizens. He shall satisfy precisely and timely the requests that are lawful and to cooperage for the recognition of their rights and lawful interests. (2) The civil servant shall be obliged not to be rude, impolite and disrespecting to the citizens serviced by him. Way of performing the civil service Art. 21. (1) The civil servant shall be obliged to perform his obligations punctual, in good faith and impartially in compliance with the laws of the country and the structural regulations of the corresponding administration. (2) The obligations of the civil servant shall be determined in his job description. (3) Additional obligations shall be possible to be assigned to the civil servant only in the cases provided in this law. Obligation for assistance to and cooperation with the bodies of state authority Art. 22. The civil servant shall be obliged to actively assist and cooperage with the bodies of state authority at implementing their powers.

Obligation for observing the working time Art. 23. The civil servant shall be obliged to observe the working time and to use it for implementation of the obligations assigned to him. Hierarchic subordination Art. 24. (1) The civil servant shall be obliged to fulfil the lawful acts and orders of the higher bodies and civil servants. (2) The civil servant shall not be obliged to fulfil unlawful order issued by the established order when it contains an infringement of the law obvious for him. (3) The civil servant shall be able to require written confirmation of the official act when in the verbal order is contained an infringement of the law obvious for him. (4) The civil servant shall not be obliged to fulfil an order directed against him, his wife or husband, relatives of direct line without limitation, of lateral line up to forth degree and of marriage line up to second degree inclusive. In such case he shall be obliged immediately to inform the body from which the order haw been received which on its turn has to assign the implementation to another servant or to implement the order itself. Preservation of the official secret Art. 25. (1) The civil servant shall be obliged to preserve the official secret and not to announce facts and data that have become known to him at or on the occasion of implementing his official obligations. (2) The facts and the data - official secret, shall be determined with a law. Prohibition for statements Art. 26. The civil servant shall not be able to make statements on behalf of the administration except with the consent of the body for appointment. Obligation for notification Art. 27. When during the implementation of the official legal relation for the civil servant occur some of the grounds for inadmissibility of art. 7, para 2 of this law he shall be obliged in 7 days term after the occurrence of this ground to notify the body of appointment about the incompatibility with the implemented service. Obligation for preserving the prestige of the civil service Art. 28. At implementing the official obligations and in his public life the civil servant shall be obliged to have behaviour which does not impair the prestige of the civil service. Obligation to declare the proprietary status Art. 29. At taking the position and every year till March 31 the civil servant shall be obliged to declare his proprietary status to the body of appointment.

Section III. Body of appointment Obligations Art. 30. The body of appointment shall be obliged: 1. to ensure for the civil servant the necessary conditions for implementation of the civil service; 2. not to assign additional obligations to the civil servant out of these determined in the job description; 3. to pay by the established order and on time the salary of the civil servant; 4. to insure the civil servant by the order provided in the law. Control by the State administrative commission Art. 31. (1) The State administrative commission shall implement control over the accomplishment of the obligations of art. 30 by the body of appointment. (2) In the cases of established breaches the State administrative commission shall oblige the corresponding body to rectify the admitted breaches in 7 days term. Section IV. Rights of the civil servant Right to salary Art. 32. (1) For implementation of the civil service the civil servant shall have right to basic salary determined according to his position and rank. (2) The civil servant shall have right also to additional sums to the salary for: 1. served time; 2. the cases of implementing the civil service in rest days and on holidays; 3. the time at disposal out of the working place and out of the established working time; 4. scientific degree; 5. the implementation of additional obligations assigned by the body of appointment; 6. other cases determined in a normative act. Right to rest Art. 33. At implementing the civil service the civil servant shall have right to rests during the working day, to week and day rest and to announced official holidays. Right to leave Art. 34. (1) The civil servant shall have right to regular paid annual leave. (2) The civil servant shall have right also to additional leave, to official leave and to leave for implementing public obligations, to leave under the social insurance and to unpaid leave. Professional qualification

Art. 35. (1) The body of appointment shall ensure conditions for improvement of the professional qualification and re-qualification of the civil servant. (2) When the needs of the service impose the expenses for improvement of the professional qualification and re-qualification of the civil servant shall be for the account of the corresponding administration. (3) For implementing the professional qualification and re-qualification of the civil servants shall be established Institute for public administration and European administration with a statute of executive agency at the Minister of the State Administration. Promotion of civil service Art. 36. (1) After accumulating certain official practice the civil servant shall have the right to promotion of the civil service. (2) The promotion of the civil service shall be implemented through subsequent passing to higher rank or position. Promotion of rank ahead of time Art. 37. The increase of the professional qualification of the civil servant shall be a ground for promotion of rank ahead of time. Social and health insurance Art. 38. (1) The civil servant shall have right to obligatory social and health insurance according to a separate law. (2) (amend., SG 1/2000) The insurance of the civil servant shall be for the account of the respective budgets. Right to indemnification Art. 39. The civil servant shall have right to indemnification in the cases provided by the law. Representative and uniform clothing Art. 40. For implementing the official obligations the civil servant shall have right to representative and uniform clothing under conditions and by order determined by the Council of Ministers. Freedom of opinion Art. 41. (1) At implementing the official obligations the civil servant shall have the right freely to disclose opinions about the lawfulness and the expedience of the orders given to him and to propose more appropriate solutions. (2) The disclosed opinions and proposals shall not be possible to affect the official position of the civil servant. Membership in political party

Art. 42. (1) The civil servant shall have right to be member of political parties as far as there is no prohibition established in a special law. (2) At implementing the service the civil servant shall not be possible to be lead and to defend the interests and the will of the political party he is member of. Association of the civil servants Art. 43. The civil servants shall have right to associate in professional organisations and associations with ideal objective. Professional organisations of the civil servants Art. 44. (1) The civil servants shall have right to form freely professional organisations, to become their members and to terminate their membership in compliance only with their statutes. (2) The professional organisations of the civil servants shall have right to approve their statutes and regulations for work as well as to elect their bodies and representatives. (3) The professional organisations shall represent and defend the interests of the civil servants before the state bodies for the issues of the official and insurance relations with proposals, requests and participation in the preparation of drafts for internal regulations and ordinances referring to the official relations. Corporate body of the professional organisations Art. 45. (1) The professional organisations of the civil servants shall acquire the characteristic of corporate body after entering by the order for entering the associations with ideal objective. (2) The proprietary relations between the members of the terminated professional organisation shall be arranged according to the provided in their statutes. Assistance for implementing the activity of the professional organisations Art. 46. The state bodies shall assist the professional organisations for implementing their activity conceding to them gratuitously premises and other material conditions for accomplishing their functions. Right to strike Art. 47. (1) When the presented requirements connected with the official and insurance relations are not met the civil servants shall be able to declare strike. (2) The implementing of the strike of para 1 shall be accomplished carrying and mounting appropriate signs and symbols, protest posters, ribbons etc without terminating the fulfilment of the civil service. (3) During the strike the representatives of the civil servants and the body of appointment shall make efforts for solving the disputed issues. Right to inviolability of the personal correspondence and messages

Art. 48. (1) The civil person shall have inviolability of the personal correspondence and messages. (2) The correspondence and the messages addressed to the civil servant in this characteristic shall not be considered personal. Section V. Working time, rests and leaves Duration of the working time Art. 49. The working time of the civil servant shall be 8 hours per day and 40 hours per week with 5 days working week. Additional working time Art. 50. (1) If necessary the civil servant shall be obliged to implement his obligations also after the end of the working time without violating the day and week rest. (2) For implementing the obligations out of the working time the civil servant shall have right to additional paid annual leave in extent up to 12 days. (3) The order for implementing the obligations out of the working time and the way of concrete determining the amount of the additional leave of para 2 shall be determined by the body of appointment. Determining and distribution of the working time Art. 51. (1) The working time shall be determined in working days. (2) The distribution of the working time shall be established in the structural regulation of the corresponding administration. Rests during the working day Art. 52. (1) The working time of the civil servant shall be interrupted with one or more rests which shall be provided n the structural regulation of the corresponding administration. The rest for meal shall not be possible to be shorter than 30 minutes. (2) The rest shall not be included in the working time. Day rest Art. 53. The civil servant shall have right to continuous day rest which shall not be possible to be less than 12 hours. Week rest Art. 54. The civil servant shall have right to continuous week rest of two subsequent days which in principle are Saturday and Sunday. To the civil servant shall be ensured at least 48 hours continuous week rest. Official holidays Art. 55. (1) Official holidays for the civil servants shall be the days pointed out in art. 154, para 1 of the Labour Code.

(2) The Council of Ministers shall be able to announce also other days one time as official holidays, days for celebrating certain professions as well as to rearrange rest days during the year. Regular paid annual leave Art. 56. (1) A civil servant who has at least 8 months official practice shall have right to regular paid annual leave in extent of 30 working days. (2) The civil servant according to his rank and official practice shall have also right to additional paid leave inn extent up to 20 working days. (3) The concrete extent of the additional leave for each position and rank shall be determined with an act of the Council of Ministers. Use of the regular paid annual leave Art. 57. (1) The paid annual leave shall be used with a regular permission of the body of appointment. (2) To the civil servants practicing religion different from the east orthodox the body of appointment shall be obliged to permit according to their choice to use part of the regular paid annual leave or unpaid leave for the days of the corresponding religious holidays but not more than the number of the east orthodox religious holidays under art. 55, para 1. (3) The civil servant shall use his paid annual leave till the end of the calendar year for which it is due. Interruption of the use Art. 58. (1) When the needs of the service impose, the paid annual leave shall be interrupted by the body of appointment with the consent of the civil servant. (2) When to the civil servant is permitted other kind of paid or unpaid leave the use of the paid annual leave shall be interrupted at request of the civil servant. Postponement of the use Art. 59. (1) The use of the paid annual leave shall be possible to be postponed for the following calendar year: 1. by the body of appointment - when the needs of the service impose this; 2. by the civil servant - when he uses other kind of leave or at his request with the consent of the body of appointment. (2) When the leave is postponed the body of appointment shall be obliged to ensure for the civil servant its use during following calendar year. (3) In case the body of appointment does not ensure the use of the postponed leave till the end of the following calendar year the civil servant shall have the right to determine the time of its use himself notifying seven days before the use of the leave. (4) The not used paid annual leave shall be possible to be used by the civil servant till the termination of the official legal relation. Payment

Art. 60. For the time of the paid annual leave the civil servant shall receive salary according to its extent by the moment of using the leave. Prohibition for compensation Art. 61. The compensation of the paid annual leave with money indemnification shall be prohibited except at termination of the official legal relation. Leave for civic and public obligations Art. 62. The body of appointment shall be obliged to liberate the civil servant from implementing his obligations: 1. at marriage - 3 working days; 2. at blood donation - for the day of examination and the blood donation as well as one day after it; 3. at death of parent, child, spouse, brother, sister or parent of the spouse as well as of other relatives of direct line without limitation and of lateral line up to second degree - three working days; 4. when is summoned to the court as party or witness; 5. for participation in a session as juror; 6. at summoning to military training muster - for the time of the muster, including the day of going and returning; if the muster continues 15 and more days the civil servant shall have right to two calendar days paid leave before going and two days after returning. Leaves for social insurance Art. 63. The civil servant shall have the right to use also leaves for temporary inability to work, for pregnancy, childbirth and adoption, for raising small child, for milking and feeding a small child at death or grave illness of a parent and for two or more live children under the conditions of by the order and in the extent provided in art. 162 - 168 of the Labour Code. Unpaid leave Art. 64. (1) At request by the civil servant the body of appointment shall be able to permit the use of unpaid leave regardless of whether he has used or not the paid annual leave and regardless of the duration of his official practice. (2) The unpaid leave up to 30 working days in one calendar year shall be recognised as official practice and over 30 days - only if it is provided in a law or act of the Council of Ministers. Official leave Art. 65. (1) For the time during which the civil servant is sent to courses for increase of the qualification and for re-qualification he shall receive paid official leave. (2) For the time of the election campaign during which the civil servant is candidate to perform mandate position in the bodies of the state power he shall use unpaid official leave which shall be recognised as working practice.

Leave for education Art. 66. The civil servant shall have right to use also leaves for education under conditions by order and in extent provided in art. 169 - 171 of the Labour Code. Section VI. Salary and additional remunerations Salary Art. 67. (1) The extent of the basic salary for position shall be determined by the Council of Ministers (2) To the basic salary for position the Council of Ministers shall determine additional sums: 1. for rank; 2. for category of administration; 3. other additional sums provided by a law. (3) The category of administration shall be determined in compliance with the hierarchic place of the corresponding state body which activity it assists to. (4) The total extent of the additional sums of para 2, item 3 to the basic salary of the civil servant shall not be possible to be less than the one established with the labour legislation. Guaranteed minimum Art. 68. The extent of the basic salary of art. 67, para 1 for the lowest position to be taken by a civil servant shall not be possible to be lower than the triple extent of the minimum salary for the country. Salary at internal additional work Art. 69. At internal additional work the civil servant shall receive together with the salary 50 percent of the basic salary of the absent servant or for the unoccupied position assumed from the moment of issuing the act. Payment for rest days and for holidays Art. 70. When the civil servant implements his obligations on rest days and on holidays he shall be paid the double extent of the basic salary calculated for the number of the corresponding days. Payment of the salary Art. 71. (1) The salary of the civil servant shall be paid in two parts - advance and ultimately for each month by an order determined by the body of appointment. (2) The salary shall be paid according to the payroll personally to the civil servant, to a person empowered by him or by transfer to his bank account. Deductions from salaries

Art. 72. (1) Without the consent of the civil servant deductions from the salary shall not be possible to be made except for: 1. received advance sums; 2. taxes which under special laws could be deducted from the salary; 3. overtaken sums due to technical mistakes; 4. distraints imposed by the respective order. (2) The total amount of the monthly deductions of para 1 shall not be possible to exceed the extent established in the Civil Procedure Code. Section VII. Ranks and promotion in position Ranks Art. 73. (1) The rank shall be an expression of the level of professional qualification of the civil servant. (2) The holding of the corresponding rank shall be a condition for taking a position in the administration. (3) At determining the ranks shall be followed the hierarchy of the positions in the administration (4) The ranks shall be assigned by the body of appointment regardless of the position taken. (5) The ranks of the civil servants shall be divided in two groups: "junior rank" and "senior rank". The junior rank shall have five degrees and the senior rank - seven degrees. (6) At first appointment to civil service shall be acquired fifth junior rank. (7) In the Unified classification of the positions in the administration for the positions of the managerial servants shall be determined at least third junior rank. Promotion of rank Art. 74. (1) The promotion of rank shall be implemented regularly, once at every 3 to 5 years on the basis of testimonial of the civil servant with which is assessed the professional qualification, the served time as civil servant as well as the other requirements determined in the structural regulations. (2) The conditions and the order for conducting the testimonial shall be determined with an ordinance of the Council of Ministers. Promotion of position Art. 75. Each civil servant shall be possible to be promoted to a higher position when he has the corresponding rank and the position is free. Advantages for the persons with higher rank Art. 76. (1) When for taking a position in the state administration apply persons with different rank shall be appointed the person with higher rank. (2) When applicants are persons with equal rank the appointment shall be preceded by a competition which shall be conducted by the order of art. 10. Section VIII. Indemnifications

Indemnifications for natural and public disasters Art. 77. (1) When due to natural or public disasters the civil servant is prevented from going to work he shall receive the guaranteed minimum of art. 68. (2) If the civil servant has participated in the rescue works at natural or public disasters he shall receive his gross salary. (3) The reasons for not going to work and the participation in rescue works shall be certified by the municipality. Indemnification of the civil servant at death or damage of his health Art. 78. (1) For damages from labour accident and professional disease which have caused temporary disability to work, disability or death of the civil servant the corresponding administration shall owe indemnification regardless of whether the body of appointment or another its civil servant is guilty for this. (2) The corresponding administration shall owe indemnification also when the labour accident has been caused by act of God at or on the occasion of fulfilment of assigned work or of whatever work also without order but in the interest of the civil service. (3) The corresponding administration shall owe indemnification for the difference between the caused proprietary damage and the indemnification and/or the pension under the insurance law. Claims for non proprietary damages and missed benefits shall be presented by the general order for claims. (4) The receiving of the indemnification from the previous paras by the heirs of a deceased civil servant due to labour accident or professional disease shall not be considered as receiving inheritance. Exemption or reduction of the responsibility Art. 79. (1) The corresponding administration shall not be responsible under art. 78 if the suffered has committedly caused the damage. (2) The responsibility of the corresponding administration shall be possible to e reduced if the suffered has contributed for the labour accident admitting gross negligence. Regression claim Art. 80. For the indemnification paid to the suffered or to his heirs the corresponding administration shall have right to claim against the guilty servants according to the rules for the proprietary responsibility of the civil servant. Chapter IV. CHANGE OF THE OFFICIAL LEGAL RELATION Stability Art. 81. The official legal relation of the civil servant shall not be possible to be unilaterally changed except in the cases and by the order provided in this law. Change of the official legal relation

Art. 82. (1) The official legal relation of the civil servant shall be possible to be changed by the body of appointment for implementing other civil service within the same administration only with the consent of the civil servant. (2) The change of the official legal relation shall be possible to be implemented only if the civil servant has the necessary rank for taking the new civil service. (3) When the civil servant is moved to service in another settlement the body of appointment shall be obliged to pay him: 1. the travel expenses for him and for his family; 2. the expenses for transport of the household belongings; 3. the salary for the days for travel and for two more days. Movement Art. 83. (1) At official need the civil servant shall e possible to be moved to implement temporary other service within the same administration. (2) The movement shall be implemented with an order by the body of appointment for a term not more than 45 calendar days during one calendar year. (3) The movement shall be possible to take place only when the civil servant has the necessary rank. (4) In this case the civil servant shall receive salary corresponding to the taken position but not less than the one received before the movement. Substitution Art. 84. (1) At absence of a civil servant up to 30 working days the implementation of the official obligations shall be accomplished by the immediate chief or by other person of the corresponding administration determined with an order. (2) The order for substitution shall be issued by the body of appointment on the basis of a requirement by the immediate chief. (3) the procedure of para 1 and 2 shall be applied for persons who as position are deputies of the titulary. Movement due to labour readjustment Art. 85. (1) At labour readjustment the civil servant shall be moved to another appropriate civil service or to the same one at alleviated conditions in 10 days term after issuing of recommendation by the medical bodies. (2) The recommendation for labour readjustment shall be obligatory for the civil servant and for the body of appointment. (3) Till the implementation of the recommendation the civil servant shall be liberated from the obligations for the service and an indemnification in extent of the gross salary for the position taken shall be paid to him. (4) A civil servant who without good reasons refuses to take the service to which he is adjusted shall not have the right to indemnification. (5) When the civil servant is moved to service for which is determined lower salary he shall have right to indemnification for the difference. Business trip

Art. 86. (1) At official need the body for appointment shall be able to sent the civil servant to a business trip to implement his service in another settlement within the same administration. (2) Sending to a business trip shall be done for not more than 30 calendar days without interruption. When the trip is for a longer term a written consent of the civil servant shall be necessary for this. (3) For the time of the trip the civil servant shall have right to receive apart from the gross salary also travel expenses, day allowance and accommodation expenses under conditions and in extent determined with an act of the Council of Ministers. Restrictions for sending to a business trip Art. 87. Sending of pregnant women and mothers with children up to 3 years old to trips shall not be admitted without their written consent. Chapter V. DISTINCTIONS AND AWARDS. OFFICIAL RESPONSIBILITY Section I. Distinctions and awards Distinctions and awards and prerequisites for the rewarding Art. 88. (1) For excellent implementation of the official obligations the civil servant shall be possible to be rewarded with distinctions and awards by the body of appointment. (2) The distinctions and the awards are: 1. charter; 2. silver and golden honorary sign of the corresponding administration; 3. money and object reward. (3) The kinds and the extent of the object rewards shall be determined in the structural regulations of the corresponding administrations. (4) The body of appointment shall be able at its discretion simultaneously to reward with a distinction and with an object reward. Section II. Disciplinary responsibility Grounds for disciplinary responsibility Art. 89. (1) The civil servant who has breached guilty his official obligations shall be punished with the penalties provided in this law. (2) Disciplinary breaches shall be: 1. non fulfilment of the official obligations; 2. delay of fulfilment of the official obligations; 3. non observing the circle of the official obligations; 4. breaches of the obligations for the citizens of art. 0; 5. rude, ill bred and disrespectful attitude to the citizens. (3) Disciplinary breach implements also a chief who has not paid attention to complaint of the citizens for breach of para 2 made to them by his subordinates. (4) The civil servant shall bear disciplinary responsibility regardless from the fact that his act could be ground for other kind of responsibility.

Kinds of disciplinary penalties Art. 90. (1) The disciplinary penalties shall be: 1. remark; 2. reproach; 3. postponement of promotion in rank up to one year; 4. demotion in lower rank for a term from 6 months to 1 year; 5. dismissal. (2) For one and the same disciplinary breach shall be possible to be imposed only one disciplinary penalty. Determining the disciplinary penalty Art. 91. At determining the kind and the extent of the disciplinary penalty shall be taken into account: 1. the gravity of the breach and the consequences occurred from it for the civil service and thye citizens; 2. the degree of the guilt of the civil servant; 3. the circumstances under which is made the breach; 4. the overall official conduct of the civil servant. Disciplinary punishing bodies Art. 92. (1) The disciplinary penalties shall be imposed by the body of appointment. (2) The disciplinary penalties "remark" and "reproach" shall be possible to be imposed by the immediate chief of the civil servant. Obligations of the disciplinary punishing body before imposing the disciplinary penalty Art. 93. (1) The disciplinary punishing body shall be obliged before imposing the disciplinary penalty to listen to the civil servant, to give him time for written explanation, to collect and assess the evidence pointed out by him. (2) When the disciplinary punishing body has not listened to the civil servant or has not received and discussed his written explanations the court shall repeal the disciplinary penalty without considering the dispute in essence. (3) The provisions of para 2 shall not be applied when the explanations of the civil servant have not been listened to due to his fault or have not been submitted within the defined term. Terms for imposing the disciplinary penalties Art. 94. (1) The disciplinary penalties shall be imposed not later than one month after establishing the breach and not later than 6 months after its commitment. (2) At disciplinary breach which is a crime or administrative breach connected with the service and it has been established with a verdict entered into force or with punitive ruling the terms f para 1 shall start from the moment the verdict or the punitive ruling enter into force. (3) The terms of para 1 shall not start when the civil servant is in lawful leave.

Disciplinary council Art. 95. (1) In each administration shall be established a disciplinary council with five regular and two reserve members. At least one of the regular members of the disciplinary council shall be a person with high education with speciality "Law". (2) The disciplinary council shall be appointed by the body of appointment for a term of three years. In the order for appointment shall be determined the chairman and the deputy chairman as well as the rules for work of the council. (3) The members of the disciplinary council shall be unchangeable for the time of their mandate except if they are discharged from the council at their request, if they are disciplinary punished or their official legal relation is terminated. (4) The disciplinary council shall consider the disciplinary cases with all regular members of the council. At absence of a regular member as well as in the cases when against him there is a disciplinary procedure the body of appointment shall determine who of the reserve members has to substitute him. Procedure before the disciplinary council Art. 96. (1) Before imposing the disciplinary penalty of art. 90, para 1, items 4 and 5 the disciplinary punishing body shall take the statement of the disciplinary council which shall form a disciplinary procedure under it order. (2) The disciplinary council shall clarify the facts and the circumstances of the accomplished breach as well as listen if necessary to the explanations of the civil servant and discuss the evidence presented by him. (3) The disciplinary council shall take decisions with a majority of two thirds. The decision of the disciplinary council shall contain a statement about the existing of grounds for disciplinary responsibility as well as about the kind and the extent of the disciplinary penalty corresponding to the accomplished breach. (4) In 7 days term after the decision is taken the disciplinary council shall present it together with the file of the procedure to the disciplinary punishing body. Order for imposing disciplinary penalty Art. 97. (1) The Disciplinary penalty shall be imposed with a motivated written order of the disciplinary punishing body. In it shall be pointed out: 1. the names and the position of the disciplinary punishing body; 2. the date of issuing; 3. the names and the position of the punished civil servant; 4. description of the breach committed by him, the date and the place where it has been done as well as the evidence confirming it; 5. the official obligations that have been guiltily breached; 6. the kind and the extent of the penalty; 7. the legal grounds for imposing it. (2) A copy of the order for imposing disciplinary penalty shall be handed over to the civil servant against a signature noting the date of handing over. (3) If it is not possible the order to be handed over personally to the civil servant the disciplinary punishing body shall send it to him with a registered letter. (4) The order for imposing the disciplinary penalty shall be subject to implementation from the day of its handing over to the civil servant or from the day of its receiving

when it has been sent with a registered letter, the appeal against not stopping its implementation. Deleting of the disciplinary penalties Art. 98. (1) The disciplinary penalties except the dismissal shall be deleted with the expiry of one year after their imposition. (2) The deleting shall be implemented officially through the corresponding noting in the official file and in the official book. Deleting ahead of time Art. 99. (1) The disciplinary penalties except the dismissal shall be possible to be deleted by the body of appointment also before the elapse of the term of art. 98, para 1 if the civil servant within six months has not committed other breaches of his official obligations. (2) The deleting ahead of time shall be implemented on the basis of a motivated written order which shall be handed over to the civil servant and shall be entered in his official file and in his official book. Temporary removal from service Art. 100. (1) The civil servant shall be possible to be temporary removed from work by the body of appointment or by the immediate chief when: 1. against him has been formed a punitive procedure of general character; in this case the requirement for removal shall be possible to be made by the prosecutor or by the court; 2. against him has been formed a disciplinary procedure; 3. he appears in a condition that does not permit to implement his official obligations; in this case the removal shall continue till the servant restores his fitness to implement his official obligations. (2) In all cases when a punitive procedure has been formed against a civil servant for crimes committed by him in his quality of an official in the sense of art. 93, item 1, item a) of the Penalty Code the body of appointment shall temporary remove him from work. (3) The civil servant who has been unlawfully removed from work shall have the right to indemnification under the conditions and by the order of the Law for the responsibility of the state for damages caused to citizens. Section III. Proprietary responsibility of the civil servant Scope of the responsibility Art. 101. (1) The civil servant shall e responsible for the damages that he has caused committedly or at gross negligence to the state or to citizens through unlawful acts or lack of action at or on the occasion of implementing his official obligations. (2) For damages caused to citizens the state shall be responsible jointly with the civil servant caused them.

(3) The responsibility of the guilty civil servants for the state for paid indemnifications shall be implemented in full extent under the conditions and by the order provided in the Labour Code. Implementing of the responsibility Art. 102. The proprietary responsibility of the civil servant shall be implemented by the order for claims. Chapter VI. TERMINATION OF THE OFFICIAL LEGAL RELATIONS General grounds for termination of the official legal relations Art. 103. (1) The official legal relation shall be terminated on the following grounds: 1. at mutual consent of the parties expressed in writing; the party to which is addressed the proposal shall be obliged to express opinion about it and to inform the other party in ten days term after receiving it; if it does not do so it shall be considered that the proposal is not accepted. 2. when the termination of the official legal relation of the civil servant is recognised as unlawful or he is restored to the previous work by the body of appointment or by the court and he does not appear to take the position within the term of art. 122, para 1; 3. at impossibility the civil servant to implement the assigned work due to illness that has lead to durable inability to work or due to health contra-indications on the basis of a conclusion of the labour medical commission; the termination in this case shall not be admitted if there is another appropriate position for the health status of the civil servant in the same administration and he agrees to take it; 4. due to incompatibility in the cases of art. 7, para 2; when the incompatibility is under art. 7, para 2, item 1 the body of appointment shall terminate the official legal relation with one of the two civil servants at its discretion; 5. when the civil servant is convicted to imprisonment for a committed crime of general character; 6. with the death of the civil servant. (2) At termination of the official legal relation in the cases of para 1 except item 5 the civil servant shall preserve his rank. Indemnifications at termination on general grounds Art. 104. (1) In the case of art. 103, para 1, item 2 the civil servant shall have right to indemnification in extent of the gross salary for the whole time during which civil service has not been taken but for not more than 10 months. When he has been appointed to another civil service with lower salary or has received remuneration for another work in lower extent he shall have right to the difference in the salaries or to te difference between the salary and tye remuneration. The gross salary for determining the indemnification shall be the gross salary determined for him by the moment the dismissal has been recognised as unlawful or at the non appearing to take the service. (2) in the case of art. 103, para 1, item 4, second sentence the civil servant shall have right to indemnification in extent of the triple amount of his gross salary determined by the moment of termination of the official legal relations.

(3) In the case of art. 103, para 1, item 3 the civil servant shall have right to indemnification in extent of 6 gross salaries determined by the moment of termination of the official legal relations. (4) In the case of art. 103, para 1, item 6 the corresponding administration shall take the expenses for the funeral of the civil servant and pay indemnification to the persons who have been maintained by him in extent of so many gross salaries - determined by the moment of the death, as many years he has at civil service but not more than 20. Unilateral termination of the official legal relation on behalf of the civil servant Art. 105. (1) The civil servant shall be able to terminate unilaterally the official legal relation submitting a written application to the body of appointment. (2) The official legal relation shall be terminated with the elapse of one month term starting on the day of submitting the application. (3) The body of appointment shall be able to terminate the official legal relation before the elapse of the term of para 2 paying an indemnification to the servant in extent of his gross salary for the remainder of the time. Unilateral termination by the body of appointment with warning Art. 106. (1) The body of appointment shall be able to terminate the official legal relation with one month warning in the following cases: 1. at closing of the administration where is appointed the civil servant; 2. at closing the position; 3. at objective impossibility to implement the official obligations apart from the cases of art. 103, para 1, item 3; 4. when the position taken by the servant has to be liberated for restoring unlawfully dismissed civil servant who has taken before the same position; 5. at acquiring right to full pension for served time and age. (2) In the cases of para 1, items 1 and 2 the civil servant shall have right to indemnification during which he has remained without a job but for not more than two months. With an act of the Council of Ministers shall be possible to be provided an indemnification for a longer term. If during this term the civil servant has started another civil service with lower salary he shall have right to the difference for the sae term. (3) In the cases of para 1, item 5 the civil servant shall have right to indemnification in extent of so many gross salaries - determined by the moment of termination of the official legal relation, as many years of practice as civil servant he has but not more than 20. This indemnification shall be possible to be received only once. The indemnification shall be due also in the cases when the official legal relation has been unilaterally terminated by the civil servant or with mutual consent and by the moment of termination the civil servant has acquired right to full pension for served time and age. (4) The body of appointment or the civil servant shall be able not to observe the term for warning of para 1. At not observing of the term for warning by the body of appointment to the civil servant shall be due indemnification in extent of one gross salary. Unilateral termination on behalf of the body of appointment without warning

Art. 107. The body of appointment shall terminate the official legal relation without warning when: 1. the civil servant has been deprived with a verdict from the right to exercise profession or to take the position to which he has been appointed; 2. the civil servant refuses to take the proposed to him appropriate service at labour adjustment; 3. the civil servant id disciplinary dismissed; 4. the civil servant does not observe his obligation for notification o art. 27. Act for termination of the official legal relation Art. 108. The official legal relation shall be terminated by the body of appointment with an administrative act which shall be issued in writing and has to contain the legal ground for termination, the due indemnifications and the acquired rank for civil service. Prohibition for levying Art. 109. (revoked – SG 110/01). Chapter VII. OFFICIAL BOOK AND OFFICIAL PRACTICE Official book Art. 110. The official book shall be an official certifying document about the circumstances entered into it, connected with the official activity. Presenting or issuing Art. 111. (1) At starting work the civil servant shall be obliged to present to the body of appointment his official book. (2) When the civil servant starts for the first tie civil service te body of appointment shall be obliged in 10 days to issue to him an official book. The starting of civil service for the first time shall be certified by the civil servant with a declaration. (3) The official book shall be preserved by the body of appointment. Contents Art. 112. (1) In the official book shall be entered: 1. the names; 2. the address and the unified civil number; 3. te education, the profession, the speciality and the rank; 4. the position taken and the organisational unit he is serving in; 5. the extent of the basic salary; 6. the date of starting the office; 7. the date and the basis termination of the official legal relation; 8. the duration of the time which is recognised as official practice; 9. the paid indemnifications at termination of the official legal relation; 10. distraint announcements provided in art. 395, para 4 of the Civil Procedure Code.

(2) The body of appointment shall be obliged precisely and timely to enter in the official book the data of para 1 and the changes occurred in them. Entering of the termination Art. 113. At termination of the official legal relation the body of appointment shall be obliged immediately to enter in the official book the data connected with the termination and to submit it to the civil servant. Restoration of lost official book Art. 114. When the official book is lost the body of appointment shall issue a new one entering in it the necessary data contained in the official file. Official practice Art. 115. Official practice in the sense of this law shall be the time during which the civil servant has worked for civil service including the apprentice positions as far as other has not been provided in this or in another law. Recognition for official practice Art. 116. As official practice shall be recognised also the time of official legal relation during which the civil servant has not worked in the following cases: 1. the rest days and the holidays; 2. the used paid leave regardless of the grounds for them and the way of payment; 3. the used unpaid leaves established with this law or with other normative acts when this is explicitly provided; 4. the used unpaid leaves for temporary disability to work; 5. the time of removal from work in connection with a disciplinary procedure for dismissal and instigated punitive procedure for committed crime in connection with the implementation of the service if the civil servant has not been punished or has been acquitted or the punitive procedure has been terminated because he has not committed the act or because the committed does not constitute a crime; 6. other cases established by the Council of Ministers. Official practice at void official legal relation Art. 117. The time spent at service till the recognition of the official legal relation as void, if the civil servant has acted in good faith at its occurrence shall be recognised as official practice. Time recognised as official practice without an official legal relation to have occurred Art. 118. As official practice shall be recognised the time during which official legal relation has not existed in the following cases: 1. the civil servant has not been at service due to dismissal which has been recognised as unlawful by the competent bodies - from the date of dismissal till the restoration to service;

2. the person has served penalty imprisonment which later has been recognised by the due order as imposed without grounds; 3. the labour adjusted or the pregnant servant has not been at service because no appropriate service has been conceded by the body of appointment according to the prescriptions of the health authorities; 4. the mother, the father, the adoption mother or father are taking care for raising a child up to 3 years of age; 5. (suppl. SG 99/01) the person has been President, Vice - President of the Republic of Bulgaria , Member of Parliament, judge at the Constitutional Court, chairman or member of the Audit Office, Chief Prosecutor, Chairman of the Supreme Administrative Court and the Supreme Court of Appeal, Prime Minister, Deputy Prime Minister, Minister,, deputy Minister, regional governor, deputy regional governor, sole body, his deputy or member of collegial body under art. 19, para 4 of the Law for the administration, mayor of municipality or deputy mayor of municipality; 6. the person has worked as member or expert in a political cabinet; 7. in other cases established with a law or an act of the Council of Ministers. Calculation of the official practice Art. 119. The calculation of the official practice shall be implemented by the order determined in art. 355 of the Labour Code. By-law provisions Art. 120. The Council of Ministers shall issue an ordinance for the implementation of this chapter. Chapter VIII. PROTECTION AGAINST UNLAWFUL TERMINATION OF THE OFFICIAL LEGAL RELATION Disputing the lawfulness of the termination Art. 121. (1) The civil servant shall have the right to dispute the lawfulness of the termination of the official legal relation before the body of appointment or before the court through the body of appointment and to require: 1. repealing of the act with which it has been terminated; 2. restoring to the previous civil service; 3. indemnification for the time he has not been at service due to the termination; 4. amendment of the grounds for termination of the official legal relation entered in the official book or in another documents. (2) The body of appointment shall be able on its own initiative to repeal the order for termination of the official legal relation. Restoring to the previous civil service Art. 122. (1) At restoring of the civil servant to the previous civil service by the body of appointment or by the court he shall be able to take the position if in 2 weeks term after receiving the announcement for restoration he appears at the office except if this term is not observed due to respected reasons.

(2) By the order of para 1 shall be restored to the previous service also a civil servant which official legal relation has been terminated by the order of art. 107, item 1 due to acquittal. Entering of changes of the termination Art. 123. (1) When the act for termination of the official legal relation is repealed by the body of appointment or by the court, or the grounds for termination of the official legal relation is changed, the occurred change shall be entered in the official book of the civil servant. (2) The entering in the official book shall be implemented officially. Chapter IX. DISPUTES Court competence Art. 124. (1) The disputes about the occurrence, the content and the termination of the official legal relations as well as about the imposition of disciplinary responsibility shall be of the competence of the county courts by the order of the Law for the administrative procedures or of the Supreme Administrative Court by the order of the Law for the Supreme Administrative Court, depending on the body issued the corresponding act. (2) The appeals against the acts shall not stop their implementation. Proprietary disputes Art. 125. The proprietary disputes under this law shall be presented in 3 years term by te general order for claims. Free of charge procedures Art. 126. For the procedures of this chapter state fees shall not be collected. Chapter X. CONTROL OVER THE OBSERVING OF THE STATUTE OF THE CIVIL SERVANT State administrative commission Art. 127. (1) The overall control for observing the statute of the civil servant and for implementation of his obligations shall be accomplished by State administrative commission at the Council of Ministers. (2) The members of the State administrative commission shall be determined by the Council of Ministers at a proposal by the Minister of the State Administration. Structure of the State administrative commission Art. 128. The structure of the State administrative commission shall be determined with an act of the Council of Ministers. Register

Art. 129. At the State administrative commission shall be kept a register of the civil servants. The circumstances which are entered in the register, the order for entering and use of the information shall be provided with an ordinance issued by the Minister of the State Administration. Information bulletin Art. 130. The State administrative commission shall publish monthly bulletin in which shall be published all its decisions, methodical instructions and information about the conducted competitions for civil servants as well as any other information in connection with the control for observing the statute of the civil servant. Obligatory prescriptions Art. 131. For prevention and stopping of breaches connected with the statute of the civil servant and I connection with the implementation of his obligations the State administrative commission shall be able to give obligatory prescriptions to the bodies of appointment for removal of the breaches connected with the statute of the civil servant. Transitional and concluding provisions § 1. (1) (prev § 1 - SG 25/2001) Till the passing of law under art. 38, para 1 for the social and the health insurance of the civil servants shall be applied the regime of the workers and the servants. (2) (New, SG 25/2001) The social insurance under para 1 shall include the insurance by the order of the Code for the obligatory public insurance and by the Law for protection in cases of unemployment and encouragement of the employment. § 2. (1) As official practice under this law shall be considered also the practice till the law enters into force. (2) As official practice of art. 74, para 1 shall be considered only the practice in an organisation at budget maintenance till the law enters into force. (3) As practice of art. 127, para 1 - 4 of the Law for the judicial power shall be considered the official practice under this law at a position for which high education in law is required. (4) In connection with the social and the health insurance for practice shall be recognised also the official practice under the conditions of this law. § 3. The persons who till the law enters into force have practiced a position determined to be taken by a civil servant shall be appointed to the position if they meet the requirements of art. 7 and in one month term after the position is determined to be taken by a civil servant submit an application of art. 8. With the act for appointment to them shall be adjudicated the rank for taking the position determined in the Unified classification of the positions in the administration.

§ 4. (1) The pending labour disputes for repealing unlawful dismissal and for restoration to the previous position of servants which position has been determined to be taken by a civil servant shall be finished by the previous order. (2) In the cases of para 1 the servants which claims for repealing of unlawful dismissal and for restoration to the previous position are respected, shall in one month term after the court decision enters into force be able to submit application of art. 8 if they meet the requirements of art. 7 and the position which they have taken till this law enters into force and to which they are restored exists in the corresponding administration. (3) The official legal relation of a civil servant who takes the position to which is restored the servant in the cases of para 1 and 2 shall be terminated, and he shall preserve the acquired rank and has right to indemnification in extent of the triple gross salary determined by the moment of termination of the official legal relation. (4) The rights of the persons of §3 acquired under the employment legal relation shall be preserved as far as they are provided in this law. § 5. The statute of the civil servants shall be applied also for servants in the administration of the National Assembly and or the President, determined by them. § 6. (1) The system of the ranks and the positions shall not be applied for the servants of the Ministry of Foreign Affairs when they implement representative civil service abroad. (2) The Minister of the State Administration and the Minister of Foreign Affairs shall issue an ordinance for the conditions and the order for equalising the ranks of the servants of para 1 to te ranks of this law. § 7. (1) When a civil servant is elected as MP, chairman of municipal council or mayor, he shall preserve the acquired rank. At his position could be appointed another civil servant for the term of his mandate. (2) The rights of para 1 shall have also the members of the political cabinets and the experts thereof. § 8. (1) The acts for implementation f this law shall be issued in 6 months term after it enters into force. (2) Within the term of para 1 the Council of Ministers shall submit to the National Assembly the necessary draft laws for amendment and supplement of the special laws providing the legal position of persons who are civil servants in the sense of this law. § 9. In art. 20, para 2 of the Law for protection at unemployment and encouragement of employment (prom. SG 120/97; amend. SG 166/98, SG 26, 50/99) after the words "ratio 7:1" shall be added new sentence: "The insurance payments of the civil servants shall be for the account of the state budget." § 10. In art. 2, para 3 of the Law for the budget of fund "Public insurance" for 1999 (SG 155/98) after the words "their insurance income" shall be put a comma and shall be added "except the civil servants which payment is taken by the state budget". § 11. In art. 41 of the Law for the health insurance (prom. SG 70/98; amend. SG 93, 153/98) shall be made the following amendments and supplements:

1. Created shall be new item 2: "2. for the civil servants - from the state budget;" 2. the previous items 2, 3, 4, 5, 6, 7, 8 and 9 shall become respectively items 3, 4, 5, 6, 7, 8, 9 and 10. § 12. In the Labour Code (Pro. SG 26 1986, Pro. SG 27 1986, amend. SG 6 1988, amend. SG 21 1990, amend. SG 30 1990, amend. SG 94 1990, amend. SG 27 1991, amend. SG 32 1991, amend. SG 104 1991, amend. SG 23 1992, amend. SG 26 1992, amend. SG 88 1992, amend. SG 100 1992, amend. SG 69 1995 - decision No 12 of the Constitutional Court of 1995, add. SG 87 1995, add. SG 2 1996, add. SG 12 1996, add. SG 28 1996, amend. SG 124 1997, add. SG 22 1998, amend. SG 52 1998 - Decision No 11 of the Constitutional Court of 1998, amend. and add. SG 56 1998, amend. and add. SG 83 1998, add. SG 108 1998, amend. and add. SG 133 1998, amend. and add. SG 51 1999) shall be made the following supplements: 1. In art. 325 item 12 shall be created: "12. due to determining the position to be taken by a civil servant." 2. In art. 327 item 9 shall be created: "9. Starts civil service." 3. In art. 351 after the word "law" shall be put a comma and shall be added "as well as the time during which the person has worked as civil servant". § 13. In art. 114 of the Law for the defence and the armed forces of the Republic of Bulgaria (prom. SG 122/95; amend. SG 67/96, SG 122/97, SG 70, 93, 152, 153/98, SG 12/99) after the words "and at other employers" shall be added "except the civil servants". § 14. In art. 9, para 1 of the Law for the responsibility of the state for damages caused to persons (prom. SG 60/88; amend. SG 59/93, SG 12/96) after the words "the Labour Code" shall be added "the Law for the civil servant". § 15. In Edict No 2472 for the administrative - legal service of the population (prom. SG 61/85; corr. SG 63/85; amend. SG 36/86) shall be made the following amendments and supplements: 1. Art. 6 shall be repealed. 2. In art. 27 shall be made the following changes: a) in para 1 the words "from 20 to 100 levs" shall be substituted by "from 20 000 to 40 000 levs"; b) in para 2 the words "from 40 to 200 levs" shall be substituted by "from 40 000 to 80 000 levs"; 3. In art. 28 shall be made the following changes: a) in para 1 the words "the immediate upper body and of the Committee for territorial and urban development" shall be substituted by "the State administrative commission and of the corresponding administrations"; b) in para 2 the words "by the chairman of the Committee for territorial and urban development, by the chiefs of the corresponding departments and by the chairpersons of the executive committees of the county people's councils (the Capital people's council)" shall be substituted by "by the State administrative commission and the chiefs of the corresponding administrations". 4. Everywhere in the edict the words "the Committee for territorial and urban development" shall be substituted by "the Minister of the State Administration".

§ 16. In art. 32 of the Law for the administrative breaches and penalties (prom. SG 92/69; amend. and suppl. SG 54/78, SG 28/82, SG 28, 101/83, SG 89/86, SG 24/87, SG 94/90, SG 105/91, SG 59/92, SG 102/95, SG 12, 110/96, SG 11, 15, 59, 85, 89/98, SG 51/99) shall be made the following amendments and supplements: 1. Created shall be new para 3: "(3) When a civil servant at implementation of the civil service does not fulfil or breach obligations ensuing from the acts of para 1 and 2 he shall be punished with a fine from 40 000 to 300 000 levs." 2. The previous para 3 shall become para 4. § 17. In the Law for the administration (prom. SG 130/98; SG 8/99 - Decision No 2 of the Constitutional Court of 1999) shall be made the following supplements: 1. Created shall be art. 19a: "Art. 19a. (1) The Prime Minister, the Deputy Prime Ministers, the Ministers, the deputy Ministers, the regional governors, the deputy regional governors, the mayors of municipalities and the deputy mayors of municipalities shall have all the rights of employment legal relation except these in contradiction or incompatible with their legal position. (2) The persons of art. 19, para 4 shall have statute of civil servants." 2. In art. 28, para 3, second sentence after the words "shall be appointed" shall be added "with employment contract". § 18. The law is passed in implementation of art. 116, para 2 of the Constitution of the Republic of Bulgaria. § 19. (1) The law shall enter into force one month after its promulgation in State Gazette. (2) The provisions of art. 68 shall enter into force on January 1, 2000. § 20. The implementation of the law shall be assigned to the Council of Ministers. The law was passed by the 38th National Assembly on June 16, 1999 and on July 21, 1999 and is affixed with the official seal of the National Assembly. For chairman of the National Assembly: Ivan Kourtev ‹