LAW FOR THE LOCAL GOVERNMENT AND THE LOCAL ADMINISTRATION
Chapter I.
GENERAL PROVISIONS
Art. 1.(1) This law shall provide the public relations, connected with the local government and the local administration.
Art. 2.(1) (amend. SG 65/95) The territory of the Republic of Bulgaria shall be divided into municipalities and regions.
(2) (amend. SG 65/95) Component administrative – territorial units in the municipalities are the mayoralties and the districts. They shall be crested for fulfilment of the functions and competence, assigned to them with a law or with a decision of the municipal council.
(3) (new – SG 65/95) In the municipalities shall be elected municipal councils and mayors of municipalities.
(4) (new – SG 65/95, amend. SG 69/99) Mayors shall be elected at the mayoralties.
Art. 3.(amend SG 65/95) The administrative – territorial division of the Republic of Bulgaria shall be determined with a law.
Art. 4.(1) At the formation of a new municipality the elections of municipal council shall be conducted in 3 months term after the decision.
(2) In the cases of para 1 the regional governor shall appoint a temporary mayor, which authorities shall be terminated with the election of a mayor.
Art. 5. The municipality shall be the basic administrative – territorial unit, where the local government is implemented.
Art. 6. (revoked SG 65/95).
Art. 7. The region has administrative designation and in it new election bodies of the local government are not created. At the regional centre can be created bodies and services of the central state power.
Art. 8.(1) (amend. SG 24, 65/95) The capital municipality is an administrative – territorial unit, which has also statute of region. In it is combined the self government of its population with the conducting of the state policy for the development of the capital.
(2) (revoked – SG 65/95).
Art. 9. (amend. SG 65/95) (1) The administrative – territorial units can unite on voluntary principle for solving of problems and tasks of common interest.
(2) For the protection of their common interests and for maintaining and development of the local self government the municipalities can establish national association and regional associations.
(3) The national association of the municipalities shall have the right to:
1. represent its members before the state bodies;
2. develop proposals for change and improvement of the legal provisions of the local government;
3. prepare statements and proposals about the draft budget of the country;
4. implement contacts and interactions with similar organisations from other countries, as well as to participate in international associations;
5. implement also other functions, determined with the foundation act.
(4) The rights of para 3 shall be exercised under the condition, that in the national association participate over two thirds of the municipalities in the country.
Chapter II.
MUNICIPALITY
Art. 10. (amend. SG 65/95) (1) (amend. SG 69/99) The territory of the municipality shall be the territory of the settlements, included in it.
(2) Disputes for the boundaries of the territories, belonging to settlements, shall be decided by the county court.
Art. 11. (amend. SG 65/95) The local self government in the municipalities is expressed in the right of the citizens or of bodies, elected by them, within the competence conceded to them, to decide the issues, connected with:
1. the municipal possessions, the municipal enterprises, the municipal finance, taxes and fees, the municipal administration;
2. the structure and the development of the territory of the municipality and of the settlements in it;
3. the education – pre-school, elementary, primary and secondary education;
4. the health care – polyclinic and hospital services, health prophylactics, medical – social; care and sanitary – hygiene activities;
5. culture – community centres, theatres, orchestras, libraries, museums and museum collections, rituals, local traditions and habits;
6. public works and communal activities – water supply, sewerage, electric supply, heat supply, telephones, streets and squares, parks, gardens, street lights, vegetation, corrections of rivers and gullies, treatment of household waste, municipal transport, municipal baths, hotels, garages and graveyards;
7. the social support – social cares and social support, social residential satisfaction and other social activities of municipal importance;
8. protection of environment and rational use of the natural resources of municipal importance;
9. the maintenance and the preservation of cultural, historic and architectural heritage of municipal importance;
10. the development of sports, recreation and tourism of municipal importance.
Art. 12. Each municipality shall be with the name of the settlement, which is its administrative centre.
Art. 13. Citizens of the municipality shall be all the citizens, who live on its territory and are recorded in the registers of the population.
Art. 14. The municipality shall be a corporate body and shall have the right to ownership and independent municipal budget.
Art. 15. (amend. SG 65/96) The municipal council can create services of the municipal administration at separate mayoralties and settlements, districts and quarters.
Art. 16. The municipalities can define their symbols and honorary titles according to the law.
Art. 17. (amend. and suppl. SG 65/95) (1) The citizens shall participate in the local self government by deciding with general meetings, referendums and in another way issues of local character or through the bodies, elected by them, which form and conduct the local policy in compliance with the interests of the population.
(2) (new – SG 65/95) Local referendum shall be conducted about issues, connected with the conducting of the policy of the municipality of art. 11. The decision about its conducting shall be taken by the municipal with majority more than one half of the total number of the councillors.
(3) (new – SG 65/95) Local referendum and general meeting of the population shall be summoned and carried out under the conditions and by the order, determined with a law.
(4) (new – SG 65/95) The expenses for conduction of local referendum and general meeting shall be taken by the municipal budget.
(5) (new – SG 65/95) The expenses for conduction of local referendum on initiative of a state body can be taken also by the state budget.
Chapter III.
MUNICIPAL COUNCIL (title amended – SG 65/95, SG 89/99)
Art. 18. (amend. and suppl. SG 65/95) (1) The municipal council shall be body of the local self government and it shall be elected among the citizens of the municipality under conditions and by order, determined by the law.
(2) (new – SG 65/95) The municipal council shall consist of the elected municipal councillors.
(3) (new – SG 65/95, revoked – SG 69/99).
Art. 19. (amend. SG 65/95) (1) The number of the municipal councillors shall be determined as follows:
1. for population of the municipality up to 5000 – 11 councillors;
2. (amend. SG 69/99) for population of the municipality up to 10 000 – 13 councillors;
3. (amend. SG 69/99) for population of the municipality up to 20 000 – 17 councillors;
4. (amend. SG 69/99) for population of the municipality up to 30 000 – 21 councillors;
5. (amend. SG 69/99) for population of the municipality up to 50 000 – 29 councillors;
6. (new – SG 69/99) for population of the municipality up to 75 000 – 33 councillors;
7. (prev. 6, amend. SG 69/99) for population of the municipality up to 100 000 – 37 councillors;
8. (new – SG 69/99) for population of the municipality up to 160 000 – 41 councillors;
9. (prev. 7, amend. SG 69/99) for population of the municipality over 160 000 – 51 councillors;
10. (prev. 8 – SG 69/99) for the Capital municipality – 61 councillors.
(2) (revoked – SG 69/99).
(3) (amend. SG 69/99) The referring of the municipality to the respective groups of para 1 shall be implemented in compliance with the number of the population in them, on the basis of the registers of the population, kept by the municipal administrations.
Art. 20. (amend. SG 65/95, prev. para 1 – SG 69/99) The municipal council shall determine the policy for construction and development of the municipality in connection with the implementation of the activities of art. 11, as well as of other activities, determined with a law.
(2) (revoked SG 69/99).
Art. 21. (amend. SG 65/95) (1) The municipal council shall:
1. create permanent and temporary commissions and elect their members;
2. determine the structure of the municipal administration and the resources for salary of the staff from the municipal budget;
3. elect and discharge the chairman of the municipal council;
4. (suppl. SG 69/99) elect and discharge deputy mayors and deputy-mayors upon a proposal by the mayor of the municipality and in the Capital municipality and in the towns with district division – also the district mayors;
5. determine the amount of the remuneration of the mayors within the framework of the normative provisions in effect;
6. approve the annual budget of the municipality, implement control and approve the report about its fulfilment;
7. determine the amount of the local taxes and fees within limits, provided by a law;
8. (amend. SG 69/99) approve decisions about acquiring, managing and disposal with municipal assets and determine the concrete authorities of the mayor of the municipality and the mayors of districts and mayoralties;
9. approve decisions for creating, transformation and termination of commercial companies with municipal assets and determined its representatives in them;
10. approve decisions for use of bank credits, for conceding of interest free loans and for issuing of bonds under conditions and by order, determined in a law;
11. (amend. SG 1/01) approve decisions about creating and approval of development plans and their changes for the territory of the municipality or parts of it under the conditions and by the order of the Law for the spatial planing;
12. approve strategies, prognoses, programmes and plans for development of the municipality;
13. determine requirements for the activity of the individuals and the corporate bodies on the territory of the municipality, which ensue from the ecological, the historic, the social and the other peculiarities of the settlements, as well as from the status of the engineering and the social infrastructure;
14. approve decisions for establishing and terminating of municipal foundations and for the management of granted property;
15. approve decisions for participation of the municipality in associations of local authorities in the country and abroad and determine its representatives in them;
16. create districts and mayoralties under conditions and order, determined with a law;
17. make proposals for administrative – territorial changes, referring to the territory and the boundaries of the municipality;
18. approve decisions for naming and re-naming of streets, squares, parks, engineering facilities, villa zones, resorts and resort localities and other sites of municipal significance;
19. (amend. SG 69/99) discuss and approve decisions upon proposals of mayors of districts and mayoralties on issues of its competence;
20. approve decisions for conducting of referendums and general meetings of the population on issues of its competence;
21. approve symbol and seal of the municipality;
22. honour with honorary citizenship Bulgarians and foreign citizens.
(2) The municipal council shall decide also other tasks of local importance, which are not of the exclusive importance of other bodies.
(3) (amend. SG 69/99) The municipal council shall approve regulation for its organisation and the activity of the municipal council and the municipal administration, with which are provided the issues, connected with the organisation and the functioning of the municipal council and its commissions, of the municipal administration, the associating of the municipality, as well as all the issues, explicitly pointed out in this law.
Art. 21a. (new – SG 65/95, revoked SG 69/99).
Art. 22.(1) (amend. SG 65/95, suppl. SG 85/00) The municipal council shall approve regulations, ordinances, decisions and instructions on issues of local significance, which shall be sent to the regional governor in seven days term. The acts of the municipal council shall be exhibited at a place in the building of the municipality, determined by the mayor, and shall be presented to the population through the mass media or in another appropriate way.
(2) (revoked, prev. (3) – SG 65/95, amend. SG 33/98) For breaching the ordinance can be provided penalty fine in extent up to 500 levs, for second breach also temporary deprivation from the right to be exercised certain profession or activity.
(3) (prev. (4) – SG 65/95) The punitive decrees shall be issued by the mayor of the municipality or by his deputy on the basis of an act, compiled by officials, pointed out in the ordinance.
(4) (prev. (5) – SG 65/95) The administrative – punitive procedures shall be implemented by the order of the Law for the administrative breaches and penalties.
Art. 23.(amend. SG 65/95) (1) (amend. SG 69/99) The municipal council shall be summoned to first session by the regional governor in 14 days term after the expiry of the mandate of the previous municipal council.
(2) The municipal council shall be summoned to a session by its chairman:
1. on his initiative;
2. upon request of one third of the municipal councillors;
3. upon request of one fifth of the electorate of the municipality;
4. upon request of the regional governor.
(3) (revoked – SG 69/99).
(4) (amend. SG 69/99) In the cases of items 2, 3 and 4 and para 2 the chairman shall be obliged to set a session in seven days term after the submitting of the request. After this term the sessions shall be summoned by the presenter of the request or by the regional governor.
(5) (new – SG 69/99) The municipal council shall conduct the session for election of deputy mayors of municipality, and in the Capital municipality and the towns with district division – also for election of district mayors, in 14 days term after constituting.
(6) The municipal council shall continue to fulfil its functions till the constituting of the newly elected municipal council.
Art. 24. (amend. SG 65/95) (1) (amend. SG 69/99) The municipal council shall elect from its members a chairman of the council. The election shall be made with secret vote. As elected shall be considered the candidate, who has received more than half of the votes of the total number of the councillors.
(2) At terminating of the authorities of the chairman, in his absence and at discussing his activity the sessions of the council shall be chaired by an elected councillor.
Art. 25. (amend. SG 65/95) The chairman of the council shall:
1. summon the council to a session;
2. manage the preparation of the sessions of the council;
3. manage the sessions of the council;
4. co-ordinate the work of the permanent commissions;
5. support the councillors in their activity;
6. represent the council before external persons and organisations.
Art. 26. (amend. SG 65/95, SG 69/99) The municipal council shall determine remuneration of the chairman depending on the amount of the municipality and the amount of work, which he does.
Art. 27. (amend. SG 65/95) (1) The municipal council shall be summoned to a session not less than six times in the year.
(2) (amend. SG 69/99) The sessions of the municipal council shall be lawful if more than half of the total number of the councillors are present.
(3) (amend. SG 69/99) The decisions of the municipal council shall be taken with pen voting with a majority more than half of the present councillors.
(4) (suppl. SG 69/99) The decisions of the municipal council of art. 21, para 1, items 1, 2, 3, 4, 6, 7, 8, 9, 10, 16, 17 and 20 shall be taken with a majority more than half of the councillors, except the cases of art. 39, para 3 and art. 39a, parsa 3.
(5) The decisions shall be announced to the population.
Art. 28. (suppl. SG 65/95, amend. SG 69/99) The sessions of the municipal council shall be public. The council can decide some of the sessions to be held with closed doors.
Art. 29. (amend. SG 65/95, SG 69/99) A record shall be made for each session of the municipal council. The councillors shall have right to a seven days term after the day of the session to review the record and to require amendments in it. At dispute the issue shall be solved by the council at the next session.
Art. 29a. (new – SG 65/95) The municipal council shall not have independent payroll. Its activity shall be supported and ensured by the municipal administration.
Chapter IV.
MUNICIPAL COUNCILLOR
Art. 30.(1) (amend. SG 69/99) The authorities of the municipal councillor shall occur on the day of taking the oath of art. 32, para 1.
(2) (new – SG 69/99) The municipal councillors shall continue to fulfil their functions till the taking of oath by the newly elected municipal councillors.
(3) (prev. (2) – SG 69/99) The lawfulness of the election of the municipal councillor can be appealed before the county court in 14 days term after the day of the election.
(4) (prev. (3) – SG 69/99) The powers of the municipal councillor shall be terminated ahead of time:
1. at judicial disability;
2. (suppl. SG 85/00) when the councillor has been convicted with a sentence to imprisonment for deliberate indictable crime of general character;
3. (amend. SG 65/95) at submitting of resignation to the municipal council;
4. (amend. SG 65/95, SG 69/99) at his election as people’s representative, Minister or regional governor, at his appointment as deputy Minister or deputy regional governor, deputy mayor, or at appointment of payroll position in the corresponding municipal administration;
5 (amend. SG 65/95, SG 69/99) at permanent impossibility or systematic non fulfilment of his obligations for more than six months, with a decision of the municipal council, taken with majority more than two thirds of the total number of the municipal councillors.
6. at death.
7. (new – SG 154/98) at implementing of administrative – territorial changes, leading to change of the residence;
(8) (new – SG 154/98) at implementing of administrative – territorial changes, leading to closing of the municipality.
(5) (amend. SG 65/95, prev. (4), amend SG 69/99) The decision of para 4, item 5 can be appealed before the county court in 14 days term.
(6) (new – SG 65/95, amend. SG 154/98, prev. (5) – amend. SG 69/99) The termination of the authorities of para 4, items 1, 2, 3, 4, 6, 7 and 8 shall be announced before the municipal council by its chairman.
Art. 31. (revoked – SG 65/95).
Art. 32.(1) At the first session the municipal councillor shall take the following oath:
“? swear in the name of the Republic of Bulgaria to fulfil the Constitution and the laws of the country and in all my activities to be lead by the interests of the citizens of … municipality and to work for their well being.”
(2) (amend. SG 65/95) A municipal councillor, who does not take oath due to non reasonable causes and does not sign an oath declaration in 45 days term after the decision of the election commission shall lose his mandate.
(3) (new – SG 65/95) The decision of the municipal council of para 2 can be appealed in 14 days term before the county court, and for Sofia – Sofia county court, who shall consider and decide about the appeal in three days term. The decision of the court shall be ultimate.
Art. 33. (amend. SG 65/95) (1) The municipal councillor shall have the right:
1. to be elected in permanent commissions of the council;
2. to propose the including in the agenda of the sessions of the municipal council the considering of issues of the competence of the council and to submit drafts of decisions;
3. to participate in the discussion and the solving of all the problems of the competence of the council;
4. (amend. SG 65/95) to direct inquests to the mayor. To the inquest shall be answered verbally or in writing at the next session unless the council decide otherwise;
5. (revoked SG 65/95).
(2) (new – SG 65/95; amend., SG 45/02) The state bodies, the economic and the public organisations shall be obliged to render support to the municipal councillor, as well as to concede to him data and documents, which are necessary in connection with his activity as councillor unless they constitute classified information representing state or official secret.
Art. 34. (1) (new – SG 69/99) The municipal councillor shall not receive remuneration for his activity as councillor.
(2) (prev. (1) – SG 69/99) The municipal councillor shall get official leave for the time during which he is busy in connection with his activity as councillor by an order, defined with the Regulation for the work of the council.
(3) (suppl. SG 65/95, prev. (2), amend. SG 69/99) The municipal councillor shall receive the full amount of his remuneration for the time, when he has participated in sessions of the council or of a permanent commission. The resources of the employer shall be restored by the municipal budget.
(4) (prev. (3) – SG 69/99) The travelling and the other expenses, made by the municipal councillor in connection with his work in the council, shall be taken by the municipal budget.
(5) (new – SG 69/99) The municipal councillor shall not have the right to participate in the management of municipal companies (director or manager, deputy – director or deputy – manager).
Art. 35. (amend. SG 65/95, amend. SG 69/99) The employment legal relation with a municipal councillor cannot be terminated during his mandate in the cases of art. 328, para 1, items 2, 3 and 4 of the Labour Code.
Art. 36. The municipal councillor shall be obliged:
1. to be present at the sessions of the municipal council and of the permanent commissions in which he has been elected, and to participate in the solving of the considered issues;
2. to maintain connections with the electorate and to inform them about the activity and the decisions of the municipal council.
Art. 37. (amend. SG 85/00) The municipal councillor shall not be able to participate in taking of decisions, when it refers to his proprietary interests or to interests of a spouse and relatives of direct line and of lateral line up to fourth degree inclusive.
Art. 37a. (new – SG 65/95, revoked – SG 69/99).
Art. 37b. (new – SG 65/95) Upon a decision of the general meeting of the population at the mayoralties can be elected mayor’s councillors under conditions and by order, determined with the regulation of art. 21, para 3. They shall support the mayor in implementation of his functions under art. 46.
Chapter V.
MAYORS AND MUNICIPAL ADMINISTRATION
Art. 38.(1) (amend. SG 65/95) Body of the executive power in the municipality shall be the mayor of the municipality.
(2) (new – SG 65/95, amend. SG 69/99) The mayor of the municipality, as well as the mayors of the mayoralties shall be elected directly by the municipality under conditions and by order, determined with a law.
(3) (new – SG 65/95) In settlements, which are not mayoralties, the municipal council can elect mayor’s deputies.
(4) (prev. (2) – SG 65/95, prev. (3) – SG 69/99) The authorities of the mayors of municipalities and mayoralties shall emerge from the day of taking the oath of art. 32, para 1. The oath shall be taken at the first session of the newly elected municipal council.
(5) (new – SG 69/99) The mayors shall continue to implement their functions till the taking of oath by the newly elected mayors.
Art. 38a. (new – SG 69/99) The mayors of districts in the Capital municipality and in the towns with district division shall be elected by the municipal council upon proposal by the mayor of the municipality for the term of the authorities of the municipal council.
Art. 39. (amend. SG 65/95) (1) (suppl. SG 69/99) Upon proposal of the mayor of the municipality the municipal council shall elect with secret vote with majority more than half of the total number of the councillors one or more deputy mayors.
(2) (new – SG 65/95, amend. SG 69/99) If in the cases of para 1 one or more deputy mayors are not elected, the mayor of the municipality shall make new proposal in 7 days term. The new proposal can also be for a candidate, who has not been elected.
(3) (new – SG 65/95, amend. SG 69/99) The municipal council shall consider the proposal in 7 days term after receiving it. As elected shall be considered the candidates, who have received more than half of the votes of the present councillors.
Art. 39a. (new – SG 69/99) (1) Upon a proposal of the mayor of the municipality in the Capital municipality and in the towns with district division the municipal council shall elect with secret voting with a majority of more than half of the total number of the councillors mayors of district.
(2) If by the order of para 1 one or more mayors of district are not elected, the chairman of the municipal council shall summon a new session for election in 14 days term and the mayor of the municipality can make new proposal not later than seven days before the session. The new proposal can be also for a candidate, who has not been elected.
(3) In the cases of para 2 as elected shall be considered the candidates, received more than half of the votes of the present councillors.
(4) If again are not elected one or more mayors of districts or there is no proposal by the mayor of the municipality, the municipal council shall elect mayors of districts upon a proposal of the municipal councillors. As elected shall be considered the candidates, who have received more than half of the votes of the present councillors.
Art. 39b. (new – SG 69/99) The municipal council shall elect mayor deputies by the order of art. 39a.
Art. 40. (amend. SG 65/95) The functions of mayor of the settlement, which centre of the municipality are fulfilled by the mayor of the municipality.
Art. 41.(1) ( amend. and suppl. SG 65/95, amend. SG 69/99) The mayors of municipalities, districts and mayoralties, the mayor deputies for settlements and of municipalities cannot participate in managerial bodies of political parties, implement commercial activity in the sense of the Commercial law, be managers or participate in supervisory, management and control bodies of commercial companies and co-operations during the time of their mandate.
(2) (amend. SG 65/95, SG 69/99) The mayor of the municipality shall participate in the sessions of the municipal council with right to advisory vote.
(3) (new – SG 65/95, suppl. SG 69/99) The mayors of districts and mayoralties and the mayor deputies can participate in the sessions of the municipal council with right to advisory vote. They shall obligatory be heard at discussion of issues, referring to the respective mayoralties and districts.
Art. 42.(1) (amend. SG 65/95, SG 90/96, suppl. SG 69/99) The authorities of the mayors of municipalities or mayoralties shall be terminated ahead of time:
1. at submitting of resignation to the municipal council;
2. (amend. SG 65/95, SG 90/96, SG 69/99, SG 85/00) at permanent impossibility or systematic non fulfilment of their functions for more than six months – after a decision of the municipal council with a majority more than two thirds of the total number of the councillors.
3. (suppl. SG 85/00) at entering in force of sentence, with which is imposed punishment imprisonment for premeditated crime of general character.
4. at decease;
5. (new – SG 154/98) at administrative changes, leading to change of the residence in the municipality or the mayoralty;
6. (new – SG 154/98, amend. SG 69/99) at administrative changes, leading to liquidation of the municipality or the mayoralty.
(2) (amend. SG 65/95, suppl. SG 69/99) At termination of the authorities of the mayor of the municipality or of the mayoralty ahead of time, his functions till the holding of elections, upon a decision of the municipal council, shall be fulfilled by a deputy mayor of the municipality, respectively by a temporary acting mayor of the mayoralty. If there is no deputy mayor of the municipality, such shall be elected upon a proposal by the councillors.
(3) (amend. SG 65/95, revoked – SG 69/99).
(4) (revoked – SG 65/95).
Art. 42a (new – SG 69/99) (1) The authorities of the mayors of districts shall be terminated ahead of time:
1. at submitting of resignation to the municipal council;
2. at administrative – territorial changes, leading to the liquidation of the district;
3. at entering in force of sentence, with which is imposed punishment imprisonment for crime of general character.
4. at decease;.
(2) (amend. SG 85/00) The powers of the mayors of districts can be terminated ahead of time upon a proposal by the mayor of the municipality or by half of the municipal councillors. The decision of the municipal council shall be taken with a majority more than half of the total number of the councillors.
(3) At termination of the authorities of a mayor of a district the municipal council shall in one month term elect a new mayor of district by the order of art. 39a.
Art. 42b. (new – SG 69/99) The authorities of the mayor deputies shall be terminated ahead of time on the grounds, provided in art. 42a, para 1, items 1, 3, 4 and para 2/
Art. 42c. (new – SG 69/99, suppl. SG 85/00) At objective impossibility for the mayor of the municipality, the district or the mayoralty for more than three months to fulfil his functions, the municipal council shall elect in 14 days term one of the deputy mayors to fulfil this functions, respectively a person, acting as mayor of a district or mayoralty. The decision of the municipal council shall be subject to appeal before the county court.
Art. 43. (1) The mayor of the municipality shall appoint a secretary of the municipality without a fixed term.
(2) (amend. SG 65/95, SG 69/99) The secretary of the municipality must be a person with higher education. For him shall be valid the requirements of art. 41, para 1.
(3) (amend. SG 65/95) The secretary of the municipality shall:
1. organise the activity of the municipal administration;
2. be responsible for the working conditions of the employees of the municipality and for the organisational – technical equipment of the services;
3. organise the office, the document circulation in the municipality and the municipal archive;
4. be responsible for the activity of the services for civil registration and administrative servicing;
5. be responsible for maintaining in updated status of the election lists in the municipality;
6. follow the preparation and the promulgation of the acts of the municipality;
7. be responsible for the work with the appeals and the proposals of the citizens;
8. prepare and organise the local referendums.
Art. 44.(1) The mayor of the municipality shall:
1. manage the whole executive activity of the municipality;
2. direct and co-ordinate the activity of the specialised executive bodies;
3. (amend. SG 65/95) appoint to and discharge from position the chiefs and the employees in the municipal administration, except these of art. 62, para 1, item 4, impose the disciplinary penalties, provided by the law;
4. (amend. SG 65/95) be responsible for the preservation of public order, for ensuring it issuing written orders, obligatory for the chiefs of the corresponding police office;
5. organise the fulfilment of the municipal budget;
6. organise the fulfilment of the long term programmes;
7. (suppl. SG 5/95) organise the fulfilment of the decisions of the municipal council and account for this before it;
8. organise the fulfilment of the tasks, ensuing from the laws, from the acts of the President of the Republic of Bulgaria and of the Council of Ministers;
9. (amend. SG 65/95, suppl. SG 85/00) assign the fulfilment of his functions to the mayors of the mayoralties and the districts, co-ordinate and implement control for the expedience and the lawfulness at their fulfilment. Implement control about the lawfulness of the acts of the acts and the activities of the mayors in implementation of their authorities of art. 46, para 1. He shall have the right to repeal their acts;
10. maintain connections with the political parties, the public organisations and movements, as well as with other bodies of local government in the country and abroad;
11. (new – SG 65/95) organise and conduct the activity for the protection of the population at disasters and accidents;
12. (new – SG 65/95, amend. SG 1/01) assign or permit the working out of development plans and their amendments for the territory of the country of for parts of it and approve certain development plans under the conditions and by the order of the Law for spatial planing , as well as organise their implementation
13. (new – SG 65/95, suppl. SG 67/99, SG 85/00) implement the functions of an official for the civil status. He may assign this function with a written order to the mayors of the mayoralties, where are maintained registers about the civil status, to the mayor deputies and to other official persons of the municipal administration;
14. (new – SG 65/95) represent the municipality before individuals and corporate bodies and before the court.
15. (new – SG 65/95) ensure the organisation – technical servicing of the municipal council.
(2) (amend. SG 65/95) Theorders of para 1, item 4 can be appealed by the chiefs of the respective police offices before the regional governor in three days term, the appealing not stopping the fulfilment. The orders of the regional governor shall be co-ordinated with the Minister of Interior and shall not be subject to appeal.
(4) (new – SG 65/95) The mayor of the municipality shall also implement functions, assigned to him by the central state bodies in the cases, determined by the law.
Art. 45.(1) (suppl. SG 65/95) The municipal council can revoke acts of the mayor, implemented in violation of its decisions under art. 21. The repealing shall be implemented at the following session, but not later than two months after the issuing of the act.
(2) (suppl. SG 65/95) The mayor of the municipality can contest a decision of the municipal council, when he considers it contradicts with the interests of the municipality or violates the laws. The contesting must be presented in writing in 7 days term and has deferring effect. If the municipal council at second considering confirms its decision, the mayor shall be obliged to fulfil it or at controversy with the law to address the court. At the second considering the decision shall be approved with a majority more than half of the total number of the councillors.
Art. 46. (amend. SG 65/95, suppl. SG 122/97) (1) The mayor of a district or mayoralty shall:
1. fulfil the budget of the municipality in its part for the district or the mayoralty;
2. organise the conducting of public works, communal and other measures;
3. be responsible for the management of sites of the municipality ownership, determined by the municipal council;
4. appoint and discharge the employees of the municipal administration, who support his activity, in compliance with the structure, approved by the municipal council;
5. undertake measures for improvement and restoration of the environment and organise the guarding of the rural properties;
6. (suppl. SG 67/99) keep the registers of the population and of the civil status and send updating messages to ESGRAON;
7. ensure the implementing of administrative services for citizens and corporate bodies;
8. (suppl. SG 122/97) ensure the observing of the public order; has the authorities of art. 68, 70, 73, 74, 76, 78 and 80 of the Law for the Ministry of Interior on the respective territory till the arrival of the police body;
9. organise and manage the defence of the population at disasters and accidents;
10. represent the district or the mayoralty before the population, public and political organisations and before the other districts of mayoralties.
(2) (new – SG 69/99) The mayor of the region shall appoint and discharge the deputy mayors of the district and the secretary of the district and the mayor of the mayoralty shall appoint and discharge the secretary of the mayoralty.
(3) (prev. (2) – S69/99) To the mayors of districts and mayoralties can be assigned also other functions with a law or another normative act, as well as with the regulation of art. 21, para 1 depending on the concrete peculiarities of the municipality, the district or the mayoralties.
Art. 46a. (new – SG 69/99) The powers of the mayor deputies shall be determined with the regulation of art. 21, para 3.
Art. 47. The employees of the municipal administration shall have statute of civil servants.
Chapter VI.
PERMANENT COMMISSIONS OF THE MUNICIPAL COUNCIL
Art. 48. The municipal council shall elect among its councillors permanent and temporary commissions, in which can also be included oter specialists.
Art. 49.(1) The permanent commissions shall have as task:
1. to investigate the needs of the population in the corresponding field and to make proposals for solving of the problems;
2. to support the municipal council at the preparation of decisions on issues, submitted for discussion and solving;
3. to implement control over the fulfilment of the decisions of the municipal council.
(2) In its work the permanent commissions can attract external persons as experts and consultants.
Art. 50. The permanent commissions shall accept proposals and recommendations on the considered issues, which shall be submitted to the municipal council and to the respective interested persons.
Chapter VII.
POSSESSIONS AND FINANCE OF THE MUNICIPALITY
Art. 51.(1) The municipality shall have the right of ownership, which scope and way of acquiring shall be determined with a law.
(2) (amend. SG 65/95, revoked SG 33/98).
(3) (amend. SG 65/95) The municipality can implement economic activity, create municipal enterprises and participate in joint forms of economic activity under conditions and by order, determined with a law.
(4) (amend. SG 65/95) The municipality can input in economic activity properties and free money except the purposed subsidies from the state budget.
(5) (amend. SG 65/95) The municipality can participate only in such forms of economic activity, in which its liability does not exceed the amount of its share participation.
Art. 52.(1) The municipal council shall compile independent budget of the municipality, out of the republican one, on the basis of own income sources and subsidies from the state, distributed among the municipalities according to criteria, determined with a law.
(2) (revoked – SG 33/98).
(3) (revoked – SG 33/98).
(4) The municipality shall have the right to issue bonds.
(5) The municipality shall not have the right to use credits for expenses of general character (payment of salaries, current maintenance etc.).
(6) The interest rate of the credits, conceded to the municipality, shall be ensured with its current budget.
Art. 53. (revoked – SG 33/98).
Art. 54.(1) The expenses of the municipality shall be made for covering of local needs as well as for needs, occurred in implementation of state functions.
(2) The expenses for implementation of state functions shall be covered by the republican budget.
(3) The municipal council can support with financial resources municipal and other enterprises, which activity is connected with satisfaction of the needs of the population.
Art. 55 – 58. (revoked – SG 33/98).
Art. 58a. (New, SG 28/02) (1) By a decision of the municipal council established in the municipality can be a municipal guarantee fund for the small and medium size enterprises.
(2) The resources of the municipal guarantee funds for small and medium size enterprises under § 3 of the additional provisions of the Law for privatisation and post privatisation control shall be used for covering a part of the credit risk, amounting to 50 percent of the value of the credits. The municipal councils shall adopt and publish regulations for the conditions and the order of spending the resources of the funds.
Chapter VIII.
COUNTY
Art. 59 – 67. (revoked – SG 65/95).
Chapter IX.
REGION (revoked – SG 130/98)
Art. 68 – 72. (revoked – SG 130/98).
Art. 73. (revoked – SG 65/95).
Chapter X.
ADMINISTRATIVE – TERRITORIAL CHANGES
Art. 74 – 75. (revoked – SG 65/95).
Chapter XI.
§ 1. This law shall enter into force on the day of its promulgation in State Gazette.
§ 2. (revoked – SG 65/95).
§ 3. (revoked – SG 65/95).
§ 4. (revoked – SG 65/95).
§ 5. This law shall revoke:
1. The Law for the people’s councils (prom. Izv. 95/51; amend. Izv. 60, 68/53, Izv. 100/95, Izv. 3, 37, 54/56, Izv. 30, 71, 74/57, Izv. 90/58, Izv. 22/59, SG 47/64, SG 54/69, SG 35/72, SG 32/77, SG 97/78, SG 52, 65/80, SG 97/87, SG 72,88/90).
2. The Regulation for the ordinances of art. 12a of the Law for the people’s councils (prom. SG 3/65; amend. SG 39/78).
3. The ordinance for implementation of art. 41 of the Law for the people’s councils about payment of remuneration and business trip money of the councillors and the members of the permanent commissions (prom. SG 64/66; amend. SG 60/80).
4. The Law for creating of administrative – territorial units – regions (prom. SG 65/87; amend. SG 45/89).
5. The Law for the people’s representatives and the people’s councillors about the legal status of the municipal councillors in its part about the municipal councillors (prom. SG 32/77; amend. SG 72/81, SG 27, 87/86).
6. The Edict for the assignments of the electors (SG 12/78).
7. Edict No 296 for the authorities of the district people’s councils under art. 5, para 4 of the Law for the people’s councils (SG 19/79).
§ 6. Amendments in other laws:
1. In the Law for the ownership (Prom. SG 92 1951; Amend. SG 12 1958; Amend. SG 90 1960; Amend. SG 99 1963; Amend. SG 26 1973; Amend. SG 27 1973; Amend. SG 54 1974; Amend. SG 87 1974; Amend. SG 55 1978; Amend. SG 36 1979; Amend. SG 19 1985; Amend. SG 14 1988; Amend. SG 91 1988; Amend. SG 38 1989; Amend. SG 31 1990; Amend. SG 77 1991; Amend. SG 33 1996; Amend. SG 100 1997; Amend. SG 90 1999; Amend. SG 34 2000) art. 6 shall be amended as follows:
“6. State ownership shall be the property, announced with the Constitution and the laws for exclusive state ownership as well as the property, which it acquires.
Municipal ownership is the property:
1. conceded with a law as ownership to the municipalities or included in the founding capital of the municipal companies;”
2. acquired with resources of the municipal budget or with resources from the off budget account of the municipality;
3. constructed with the voluntary labour and money donations of the population;
4. acquired with loans, received and paid by the municipality;
5. granted or left by testament to the municipal council or separate settlements;
6. restored with restitution;
7. conceded gratuitously by the state;
8. transferred as ownership of the municipality of the municipalities according to the previous provisions of this law.”
2. In the Law for the (SG 57/91) shall be created the following new art. 13a:
“Art. 13a. The relations of the capital and the regional directorates of the Ministry of Interior and of the district police departments with the regional governors, the county managers and the mayors shall be provided with the Law for the local government and the local administration and the Law for the police.”
§ 7. (amend. SG 49/95) (1) With the entering in force of this law the following state properties shall also pass as ownership of the municipalities:
1. the water sources, including the underground and the mineral waters, which are used only by the respective municipality, together with the water intake facilities and the conveying network and facilities;
2. dams, lakes and the adjacent beaches, quarries for filling and other materials of local importance;
3. unbuilt parcels and properties within the settlement territories, designated for residential construction, public, public works and communal measures, acquired with alienation procedures, except those, subject to reinstatement to their former owners;
4. (amend. SG 49/95, SG 26/00) the municipal roads, the streets, the boulevards, the streets, the squares, the public parking places in the settlements and the green areas for public works;
5. the residential sites, constructed by the order of art. 117 of the Law for territorial and urban development, for circulation homes or for social measures, including for letting to socially weak families;
6. the sites of the municipal infrastructure of local importance, designated for the administrative needs of the municipalities, as well as for health, educational, cultural, trade, household, sport or communal services;
7. the networks and the facilities of the technical infrastructure of the transport, the energy, the water supply, the sewerage, the communication and the engineering – protective system, which serve only the territory of the respective municipality and are not included in the foundation capital of commercial companies.
(2) (new – SG 49/95) Property of para 1, which is included in the capital, in the foundation capital, or is kept in the balance of a commercial company, company or enterprise with state property, shall not be transferred as ownership to the municipalities.
§ 8. (amend. SG 69/99) The implementation of this law shall be assigned to the Council of Ministers.
Transitional and concluding provisions OF THE LAW FOR AMENDMENT AND SUPPLEMENT OF THE LAW FOR THE LOCAL GOVERNMENT AND THE LOCAL ADMINISTRATION (SG 65/95)
§ 56. The payroll numbers, existing at the entering of this law in force at the municipal councils shall be closed with the termination of the mandate of the municipal councils, elected on October 13, 1991.
Transitional and concluding provisions OF THE LAW FOR AMENDMENT AND SUPPLEMENT OF THE LAW FOR THE LOCAL GOVERNMENT AND THE LOCAL ADMINISTRATION (SG 69/99)
§ 45. In three months term after this law enters into force the municipal councils shall approve decision for bringing the administrative – territorial structure of the municipalities in compliance with the law. Till the approval of the decision of the municipal council at the mayoralties, which do not meet the requirements of art. 16, item 1 of the Law for the administrative – territorial structure of the Republic of Bulgaria by the moment when this law enters into force, elections for mayor of a mayoralty shall not be held.
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