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Document Information:
- Year: 2010
- Country: Bulgaria
- Language: English
- Document Type: Domestic Law or Regulation
- Topic:
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LAW FOR THE LOCAL GOVERMET AD THE LOCAL
ADMIISTRATIO
Prom. SG. 77/17 Sep 1991, amend. SG. 24/14 Mar 1995 , amend. SG. 49/30 May
1995, amend. SG. 65/21 Jul 1995, amend. SG. 90/24 Oct 1996, suppl. SG. 122/19 Dec
1997, amend. SG. 33/24 Mar 1998, amend. SG. 130/5 $ov 1998, amend. SG. 154/28 Dec
1998, suppl. SG. 67/27 Jul 1999, amend. SG. 69/3 Au g 1999, amend. SG. 26/29 Mar
2000, amend. SG. 85/17 Oct 2000, amend. SG. 1/2 Jan 2001, suppl. SG. 28/19 Mar 2002,
amend. SG. 45/30 Apr 2002, amend. SG. 119/27 Dec 20 02, amend. SG. 69/5 Aug 2003,
amend. SG. 19/1 Mar 2005, amend. SG. 34/19 Apr 2005 , amend. SG. 30/11 Apr 2006,
amend. SG. 69/25 Aug 2006, amend. SG. 61/27 Jul 2007, amend. SG. 63/3 Aug 2007,
amend. SG. 54/13 Jun 2008, amend. SG. 108/19 Dec 2008, amend. SG. 6/23 Jan 2009,
amend. SG. 14/20 Feb 2009, amend. SG. 35/12 May 200 9, amend. SG. 42/5 Jun 2009,
amend. SG. 44/12 Jun 2009, amend. SG. 15/23 Feb 2010
Chapter one.
GEERAL PROVISIOS
Art. 1. (1) This law shall provide the public relat ions, connected with the local government and
the local administration.
Art. 2. (1) (amend. SG 65/95; amend., SG 69/03) The municipality is the basic administrative
territorial unit where the local government is carried out.
(2) (amend. SG 65/95, amend. – SG 69/06) Component administrative – territorial units in the
municipalities are the mayoralties and the districts. They shall be created under the conditions and
following a procedure, set in a law.
(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; suppl., SG 69 /03) Mayors shall be elected in the
mayoralties for mayoralties.
(5) (new, SG 69/03; suppl. – SG 69/06) Mayors of regions shall be elected in the regions of
Capital municipality and in cities with regional structure.
Art. 3. (amend SG 65/95; revoked, SG 69/03)
Art. 4. (1) (amend., SG 69/03, in force from 27.10. 2003; suppl. – SG 69/06) At the formation of
a new municipality the elections of municipal counc il and mayor of the municipality shall be conducted
in 3 months term after the promulgation of the edict of the President of the Republic for setting up of the
new municipality.
(2) (suppl., SG 69/03, in force from 27.102003; ame nd. – SG 60/06) Within 7 days term after
the promulgation of the edict under par. 1, the regional governor shall appoint a temporary mayor of t he
municipality whose authorities shall be terminated with taking an oath by the newly elected municipali ty
mayor.
Art. 5. (revoked, SG 69/03)
Art. 6. (revoked SG 65/95).
Art. 7. (revoked, SG 69/03)
Art. 8. (1) (amend. SG 24, 65/95) The capital munic ipality 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) (amend., SG 69/03, in force from 27.10.2003; amend. – SG
69/06) The municipalities can unite on voluntary principle for solving of common issues and for
achievement of objectives of mutual 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. (suppl., SG 69/03) implement also other function s, determined by a law and 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 two.
MUICIPALITY
Art. 10. (amend. SG 65/95) (1) (amend. SG 69/99) Th e territory of the municipality shall be the
territory of the settlements, included in it.
(2) (amend., SG 69/03) Disputes for the boundaries of the territories, belonging to settlements,
shall be decided by the court.
Art. 11. (amend. SG 65/95; revoked, SG 69/03)
Art. 12. (suppl., SG 69/03, in force from 27.10.200 3, amend. – SG 69/06) The name of the
municipality is the name of the settlement, which is its administrative centre, with exception of the cases
of already regulated by the law municipalities, the administrative centre of which are settlements out side
their territory, which are also administrative centres of other municipalities.
Art. 13. (amend., SG 69/03 in force from 27.10.2003 , amend. – SG 69/06) The population of a
municipality shall consist of all citizens, who have permanent address on its territory.
Art. 14. The municipality shall be a corporate body and shall have the right to ownership and
independent municipal budget.
Art. 15. (1) (new – SG 69/06) The activity of the municipal council, of the municipality mayor,
of the district mayor, and of the mayoralty mayor shall be supported by the municipal administration.
(2) (new – SG 69/06) Municipal administration shall be structured in directorates, departments
and sectors. Departments or sectors can be organized also as independent structural units, without being
included in the structure of directorates and departments.
(3) (new – SG 69/06) Municipal administration in ma yoralties can carry out its activity, without
being structured in structural units pursuant to par. 2.
(4) (amend. SG 65/96; amend., SG 69/03; previous te xt of Art. 15 – SG 69/06) The municipal
council may establish services of the municipal adm inistration at separate regions, mayoralties,
settlements, or in parts of them and shall determine their functions.
Art. 16. The municipalities can define their symbol s and honorary titles according to the law.
Art. 17. (amend. and suppl. SG 65/95; amend., SG 69 /03) (1) The local government shall be
expressed in the right and real possibility for the citizens and the bodies elected by them to decide
independently all issues of local importance which has been vested by the law to their competence in the
sphere of:
1. the municipal property, the municipal enterprise s, 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;
4. the health care;
5. culture;
6. public works and communal activities;
7. the social support;
8. protection of environment and rational use of the natural resources;
9. the maintenance and the preservation of cultural , historic and architectural monuments;
10. the development of sports, recreation and tourism.
(2) The citizens shall participate in the managemen t of the municipality both through the bodies
elected by them and directly through referendum and general meeting of the population.
(3) Local referendum and general meeting of the pop ulation shall be summoned and held under
the conditions and by the order determined by a law.
(4) The expenses for conduction of local referendum and general meeting shall be taken by the
municipal budget.
(5) (revoked – SG 44/09)
Chapter three.
MUICIPAL COUCIL (title amended – SG 65/95, SG 89/ 99)
Art. 18. (amend. and suppl. SG 65/95) (1) (amend. – SG 69/06) The municipal council shall be
body of the local self government and it shall be elected among the population of the municipality und er
conditions and by order, determined by the law.
(2) (new – SG 65/95) The municipal council shall co nsist 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 mu nicipal 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 municipa lity 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 municipa lity 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 administratio ns.
Art. 20. (amend. SG 65/95, prev. para 1 – SG 69/99; amend., SG 69/03) The municipal council
shall determine the policy for construction and development of the municipality in connection with the
implementation of the activities of art. 17, as well as of other activities, determined with a law.
(2) (revoked SG 69/99).
Art. 21. (amend. SG 65/95) (1) The municipal counci l shall:
1. create permanent and temporary commissions and e lect their members;
2. (amend., SG 69/03; suppl. – SG 69/06) approve th e total number and the structure of the
municipal administration in the municipality, district and mayoralty under a proposal of the mayor of the
municipality;
3. elect and discharge the chairman of the municipal council;
4. (revoked – SG 69/06);
5. (suppl., SG 69/03) determine the amount of the r emuneration of the mayors within the
framework of the normative provisions in effect and the resources for salaries of the personnel of the
municipal budget, at a proposal of the mayor of the municipality;
6. (suppl., SG 69/03) adopt and amend the annual bu dget of the municipality, implement
control and approve the report about its fulfilment;
7. (amend., SG 119/02) determine the amount of the local fees;
8. (amend. SG 69/99; amend., SG 69/03) approve deci sions about acquiring, management and
disposal with municipal assets and determine the concrete authorities of the mayor of the municipality
and the mayors of districts and mayoralties;
9. (amend., SG 69/03; amend. – SG 69/06) approve de cisions for creating, transformation and
termination of commercial companies with municipal assets and elect representatives of the municipality
in their bodies;
10. (amend., – SG 34/05) shall adopt decisions for usage of bank loans, for lending of free-of-
interest loans, as well as decisions of incurring of municipal debt by way of concluding loan contract s or
issue of municipal securities and for issue of muni cipal guaranty bonds under conditions and order
stipulated by 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 ord er of
the Law for the spatial planing;
12. (suppl. – 61/07) approve strategies, prognoses, programmes and plans for development of
the municipality, which shall reflect also the Euro pean policies for development of the local
communities;
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 infrast ructure;
14. approve decisions for establishing and terminat ing of municipal foundations and for the
management of granted property;
15. (suppl., SG 69/03) approve decisions for participation of the municipality in associations of
local authorities in the country and abroad, as well as in other non-profit corporate bodies and determine
the representatives of the municipality;
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 s treets, 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.
23. (new – SG 69/06; suppl. – SG 15/10) decide any other issues of local significance, which
are not of the exclusive competency of other bodies, including announcement of certain holidays and
vacations on the territory of the municipality, region, neighborhood or populated place upon proposal by
the mayor of the municipality after coordination with the regional governor;
24. (new – SG 69/06) exercise current and follow-up control over the implementation of issued
by it acts.
(2) (amend., SG 69/03; amend – SG 69/06) In executi on of its powers under par. 1 the
Municipal Council shall approve rules, regulations, instructions, decisions, declarations and
notifications.
(3) (amend. SG 69/99; amend., SG 69/03) The municipal council shall adopt regulation for the
organisation and the activity of the municipal council, its commissions and its interaction with the
municipal administration.
Art. 21a. (new, SG 69/03) (1) The municipal council may elect an ombudsman.
(2) The ombudsman shall contribute to the observanc e of the rights and legal interests of the
citizens before the bodies of local government and local administration.
(3) The organisation and activity of the ombudsman shall be settled by regulations adopted by
the municipal council.
(4) The ombudsman shall be elected and released by a majority of 2/3 of the total number of the
municipal councillors.
Art. 22. (1) (amend. SG 65/95, suppl. SG 85/00; ame nd., SG 69/03; amend. – SG 69/06) The
acts of the municipal council shall be sent to the municipality mayor and to the regional governor wit hin
seven days after their adoption.
(2) (new – SG 69/06) The acts of the municipal coun cil shall be announced to the population of
the municipality within the terms under par. 1 thro ugh mass media, on the internet site of the
municipality or in another appropriate way, set out in the regulations under Art. 21, par. 3. Contesting,
cease, revoking or confirmation of contested acts o f the municipal council shall be announced followin g
the same procedure. The acts of the municipal counc il shall be promulgated in the State Gazette in cases
provided by the laws.
(3) (new, SG 69/03; previous text of par. 2 – SG 69 /06) The mayor of the municipality shall
determine appropriate premises in the building of the municipality for storing copies of acts of the
municipal council on paper from the last 10 years, and shall provide access to the interested citizens for
reading them on the spot, within the working hours every work day. Provided to every citizen wishing to
obtain a copy of an act of the municipal council shall be such a possibility against payment.
(4) (revoked, prev. (3) – SG 65/95, amend. SG 33/98 ; prev. para 2 – SG 69/03; previous text of
par. 3, amend. – SG 69/06) For breaching the ordinance can be provided fines in extent up to 5000 levs,
and for sole traders and legal persons – property s anctions in extent up to 50 000 levs, and for secon d
breach also temporary deprivation from the right to be exercised certain profession or activity.
(5) (prev. par. 4 – SG 65/95; prev. para 3 – SG 69/ 03; prev. par. 5 – SG 69/06) The punitive
decrees shall be issued by the mayor of the municip ality or by his deputy on the basis of an act,
compiled by officials, pointed out in the ordinance.
(6) (prev. par. 5 – SG 65/95; prev. para 4 – SG 69/ 03; prev. par. 5 – SG 69/06) The
administrative – punitive procedures shall be implemented by the order of the Law for the administrati ve
breaches and penalties.
Art. 23. (amend. SG 65/95) (1) (amend. SG 69/99; am end., SG 69/03) The first sitting of the
newly elected municipal council shall be summoned by the regional governor and shall be held in 14
days term from the announcement of the results from the elections.
(2) (new – SG 69/06) Before the beginning of the fi rst session the newly elected municipal
councillors and mayors shall take the oath under Art. 32, par. 1. The oath shall be taken in the presence
of citizens of the municipality, of the regional go vernor or of his/her representative and of the
chairperson or a member of the municipal election committee. In case a municipal councillor or a mayor
is not able to attend the taking of oath ceremony, he/she shall take the oath before the beginning of the
next session of the municipal council.
(3) (new – SG 69/06) The first session of the newly elected municipal council shall be opened
and chaired by the eldest municipal councillor. Cou ncil chairperson shall be elected at the first session
of the municipal council.
(4) (prev. par. 2 – SG 69/06) 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.
(5) (amend. SG 69/99; amend., SG 69/03; prev. par. 4; amend. – SG 69/06) In the cases of para
4, item 2, 3 and 4 the chairman of the municipal council shall set a sitting to be held in seven days term
after filing the request. After this term, if the s itting is not convened by the chairman it shall be
summoned by the movant of the request and it shall be held within 7 days from the convening.
(Par. 5 – new – SG 69/99; amend., SG 69/03; revoked – SG 69/06)
(6) (new – SG 69/99, in force from 03.08.1999; suppl. – SG 69/06) The municipal council shall
continue to fulfil its functions till the constituting of the newly elected municipal council. In case the
court has suspended the execution of the decision of the municipal election commission for the results of
elections of municipal councils or it has announced the election result invalid, the term of powers of the
municipal council, whose mandate has expired, shall be resumed until the taking of oath by the newly
elected municipal council.
Art. 24. (amend. SG 65/95) (1) (amend. SG 69/99) Th e 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 tha n half of the votes of the total number of the
councillors.
(2) (new, SG 69/03) The municipal council may elect one or more deputy chairmen of the
council. The conditions and the order of electing and the legal capacities of the deputy chairman shal l be
settled by the regulations under art. 21, para 3.
(3) (new, SG 69/03) The legal capacities of the cha irman of the municipal council shall be
terminated ahead of term for:
1. resignation;
2. permanent inability or systematic non-fulfilment of his obligations as a chairman, for a
period longer than three months, by a decision of the municipal council, taken by the order of para 1;
3. (new – SG 42/09) entry into force of an act, est ablishing conflict of interests under the Law
on Prevention and Disclosure of Conflict of Interes ts.
(4) (prev. para 2 – suppl., SG 69/03) At terminatin g 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 or by a deputy chairman if such has been elected.
Art. 25. (amend. SG 65/95) The chairman of the coun cil 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 commission s;
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; prev. text of Art. 26 – SG 69/03, in force from
27.10.2003; amend. – SG 69/06; amend. – SG 14/09) The municipal council shall determine the amount
of the remuneration of the chairman of the council depending on the working time. The amount of the
remuneration in case the chairman works under reduc ed hours shall be calculated pro rata to their
duration, determined by the council of ministers. The amount of the remuneration of the chairman of th e
municipal council may not exceed the amount of the remuneration of the mayor of the municipality.
(2) (new, SG 69/03) The chairman of the municipal c ouncil shall have all rights under legal
terms of employment, besides those contradicting or incompatible with his legal status.
(3) (new – SG 14/09) The chairman of the municipal council shall be entitled to:
1. social security and additional social security under the terms and following the procedures
laid down in the Code of Social Insurance and to he alth insurance according to the Law of Health
Insurance;
2. leaves and compensation for unused paid annual leave, to supplementary benefits and other
payments under the terms of the Labour Code.
Art. 27. (amend. SG 65/95) (1) (suppl., SG 69/03; a mend. – 69/06) The municipal council shall
be summoned to a session not less than six times in the year. If, during a period of three months, the
municipal council does not conduct a sitting its legal capacities shall be terminated by a decision of the
municipal election commission and new elections for municipal council shall be held within three
months.
(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 municipa l council shall be taken with pen voting
with a majority more than half of the present councillors.
(4) (suppl. SG 69/99; amend. and suppl., SG 69/03; amend. – SG 69/06) The decisions of the
municipal council of art. 21, para 1, items 1, 2, 3, 6, 7, 8, 9, 10, 16, 17 and 20, and art. 21a, para 3 shall
be taken with a majority more than half of the coun cillors.
(5) (new – SG 69/06) The decision of the municipal council under Art. 21, par. 1, item 6, 7, 8, 9,
10, 14 and 15 shall be taken through voting by name , which shall be recorded in the minutes of the
session.
(6) (new – SG 69/06) The chairperson of the municipal council shall prepare and submit for
consideration twice a year a report on the activity of the council and of its commissions, which shall be
discussed in an open session and shall be announced to the population of the municipality following a
procedure, set in the regulations under Art. 21, par. 3.
Art. 28. (suppl. SG 65/95, amend. SG 69/99; amend., SG 69/03) (1) The sittings of the
municipal council and its commission shall be public. As an exception, the council may decide some of
the sittings to be held in camera.
(2) The citizens may attend the sittings of the municipal council and its commissions, taking the
seats specially provided for them.
(3) The citizens may take the floor, ask questions, make statements and proposals of the
competence of the municipal council, the mayor or t he municipal administration, being of public
interest, as well as to receive answers by an order, in a way and within a term determined by the
regulations under art. 21, para 3.
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) (1) (prev. text of art. 29a – SG 69/03) The municipal council shall
not have independent payroll. Its activity shall be supported and ensured by the municipal
administration.
(2) (new, SG 69/03) The structure of the municipal administration shall create a unit assisting
and providing the work of the municipal council. Th e employees of the unit shall be appointed and
released by the mayor of the municipality at a proposal of the chairman of the municipal council.
Chapter four.
MUICIPAL COUCILLOR
Art. 30. (1) (amend. SG 69/99) The authorities of t he municipal councillor shall occur on the
day of taking the oath of art. 32, para 1.
(2) (revoked – SG 69/06).
(3) (revoked – SG 69/06).
(4) (prev. (3) – SG 69/99) The powers of the munici pal councillor shall be terminated ahead of
time:
1. at judicial disability;
2. (suppl. SG 85/00) when the councillor has been c onvicted with a sentence to imprisonment
for deliberate indictable crime of general character;
3. (amend. SG 65/95; amend. – SG 69/06) at submitti ng of resignation through the chairperson
of the municipal council to the municipal election commission;
4. (amend. SG 65/95, SG 69/99; amend., SG 69/03) at his election as a national representative,
Minister, regional governor or mayor, at his appointment as deputy Minister, deputy regional governor,
deputy mayor, or at appointment of payroll position in the corresponding municipal administration;
5. (amend. SG 65/95, SG 69/99; amend., SG 69/03; am end. – SG 69/06) in case when without
having informed in writing the chairperson of the municipal council about his/her non-participation in
the session of the council for acceptable reasons – office engagements, absence from the country, illn ess
or whatsoever, does not attend three subsequent or five in total sessions of the municipal council over
the year;
6. (amend. – SG 69/06) in case of permanent physica l incapability to perform his/her
obligations due to illness lasting for more than 6 months or in case of a decease.
7. (new – SG 154/98; amend. – SG 69/06) at implemen ting of administrative – territorial
changes, leading to change of the permanent address out of the territory of municipality;
8. (new – SG 154/98) at implementing of administrat ive – territorial changes, leading to closing
of the municipality;
9. (new – SG 69/06; suppl. – SG 63/07, in force fro m 03.08.2007) in case he/she has been
elected or appointed as a member of a managing, sup ervisory or control board, board of directors, a
control officer, chief executive, procurator, commercial proxy, syndic or a liquidator of commercial
companies with municipal participation or a director of a municipal enterprise pursuant to the Law of
municipal property, as well as in case of occupying a position of municipal councillor or similar position
in another Member State of the European Union;
10. (new – SG 69/06) in case of non-fulfillment of the obligation under Art. 34, par. 6;
11. (new – SG 42/09) in case of entry into force of an act, establishing conflict of interests
under the Law on Prevention and Disclosure of Conflict of Interests.
(5) (amend. SG 65/95, prev. (4), amend SG 69/99; am end. – SG 30/06, in force from
01.03.2007; amend. – SG 69/06) The circumstances under par. 4 shall be evidenced with documents,
issued by the competent bodies. In cases of par. 4, item 3 within three days after the submission of the
resignation, the chairperson of the municipal counc il shall forward it to the regional election
commission.
(6) (new – SG 65/95, amend. SG 154/98, prev. (5) – amend. SG 69/99; amend. – SG 69/06)
Within three days after the receipt of the documents under par. 5 the municipal election commission
shall notify the municipal councillor, who can file a written appeal to the commission within three da ys
following the notification. Within three days after the expiration of the term set out for appealing, the
municipal election commission shall adopt a decisio n for termination of the authorities and shall
announce elected the municipal councillor the next enlisted candidate. The decision of the municipal
election commission can be appealed pursuant to the procedure under Art. 104 of the Law of local
elections. A transcript of the decision shall be sent to the chairperson of the municipal council with in
three days after its entering into force.
(7) (new – SG 69/06) Before the beginning of the fi rst session of the municipal council, which
shall be held not later than one month after entering into force of the decision of the regional election
commission, the chairperson of the municipal counci l shall notify the municipal councillors about the
circumstances under par. 6, and the newly elected municipal councillor shall take the oath under Art. 32,
par. 1.
(8) (new – SG 69/06) Provided that within the term under par. 7 the chairperson of the
municipal council fails to call a session of the council or the session does not take place, it shall be
called by the regional governor and shall take plac e within 7 days after the expiration of the term under
par. 7. In case of lack of quorum for holding the s ession, the newly elected municipal councillor shal l
take an oath before the regional governor in the presence of a representative of the municipal election
commission, municipal councillors and citizens.
Art. 31. (revoked – SG 65/95).
Art. 32. (1) (amend. – SG 69/06) The municipal coun cillors and mayors shall take the following
oath:
“I 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; amend., SG 69/03; amend. – SG 69/06) Taking of oath shall be
substantiated through signing of an oath declaration.
(3) (revoked – SG 69/06).
Art. 33. (amend. SG 65/95) (1) The municipal counci llor shall have the right:
1. to be elected in permanent commissions of the council;
2. to propose the including in the agenda of the se ssions 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 mayo r. 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 bo dies, 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 connecti on with his activity as councillor unless they
constitute classified information representing state or official secret.
Art. 34. (1) (new – SG 69/99; amend., SG 69/03; ame nd. – SG 14/09) The municipal councillor
shall receive remuneration determined by a decision of the municipal council, adopted by a majority of
more than half of all councillors
(2) (prev. (1) – SG 69/99; amend., SG 69/03; amend. – SG 69/06, in force from 01.01.2008;
amend. – SG 14/09) The total amount of the remuneration of a municipal councillor for one month may
not exceed 60 percent, in the municipality of Sofia and the cities divided into regions – 70 percent of the
average gross salary in the respective municipal ad ministration for the last month of the preceding
quarter.
(3) (suppl. SG 65/95, prev. (2), amend. SG 69/99; amend., SG 69/03; amend. – SG 14/09) The
municipal councillor shall use unpaid official leave, which shall be considered time of practice, for the
time required for fulfillment of his/her obligations. The time period during which a municipal council lor
has held the position of chairman of the municipal council shall also be considered time of practice.
(4) (prev. (3) – SG 69/99) The travelling and the o ther 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; amend. – SG 69/03; suppl. – SG 63/07, in force from 03.08.2007) The
municipal councillor cannot be a member of a managi ng, supervisory or a control body, board of
directors, a controller, manager, procurator, commercial proxy, syndic or a liquidator of trade companies
with municipal participation or a director of a mun icipal enterprise pursuant to the Law of municipal
property, as well as occupy a position of municipal councillor or similar position in another Member
State of the European Union.
(6) (new – SG 69/06) Within one month after the ann ouncement of elections results a person,
occupying a position under par. 5 at the time of his/her election for a municipal councillor, shall file a
request to be discharged from the occupied position and shall notify in writing about this the chairperson
of the municipal council and the municipal election commission.
(7) (new – SG 42/09) A municipal councilor may part icipate as a representative of the state in
management and control bodies of companies with state share in the capital or of legal persons, created
by virtue of a law, for which he shall be entitled to remuneration.
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. (1) (prev. text of art. 36 – SG 69/03) The municipal councillor shall be obliged:
1. (amend. – SG 69/06) to be present at the session s of the municipal council and of the
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.
(2) (new, SG 69/03; amend. – SG 69/06) In case of n on-fulfillment of the obligations under par.
1, item 1 an amount, set out in the regulations und er Art. 21, par. 3 shall be deducted from the
remuneration of the municipal councillor.
Art. 37. (amend. SG 85/00; suppl., SG 69/03) The mu nicipal 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 and by marriage up to secon d
degree including.
Art. 37a. (new – SG 65/95, revoked – SG 69/99).
Art. 37b. (new – SG 65/95) Upon a decision of the g eneral 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 a rt.
46.
Chapter five.
MAYORS AD MUICIPAL ADMIISTRATIO
Art. 38. (1) (amend. SG 65/95; suppl. – SG 69/06) B ody of the executive power in the
municipality shall be the mayor of the municipality. Bodies of the executive power in the district and the
mayoralty shall be respectively the mayor of the di strict and the mayor of the mayoralty.
(2) (new – SG 65/95, amend. SG 69/99; suppl. – SG 6 9/06; suppl. – SG 63/07, in force from
03.08.2007) The mayor of the municipality, as well as the mayors of regions and mayoralties shall be
elected directly by the population for a period of 4 years under conditions and by order, determined w ith
a law.
(3) (revoked – SG 69/06).
(4) (prev. (2) – SG 65/95, prev. (3) – SG 69/99; su ppl., SG 69/03; amend. – SG 69/06) The
authorities of the mayor of the municipality, of the mayor of the mayoralty and of the mayor of the
district shall emerge from the day of taking the oath of art. 32, para 1.
(5) (new – SG 69/99; amend. – SG 69/06; suppl. – SG 63/07, in force from 03.08.2007) In case
of holding partial elections of a mayor of municipality, mayor of a region or mayor of mayoralty the
newly elected mayor shall take the oath under Art. 32, par. 1 before the beginning of the first session of
the municipal council after the elections, which ha ll be called by the chairperson of the council and shall
take place within 14 days after the announcement of election results.
(6) (new, SG 69/03; amend. – SG 69/06) Provided tha t within the terms under par. 5 the
chairperson of the municipal council fails to call a session of the council or the session does not ta ke
place, it shall be called by the regional governor and shall take place within 7 days after the expira tion of
the term under par. 5. In case of missing quorum to hold the session the newly elected mayor shall take
the oath under Art. 32, par. 1 before the regional governor in the presence of a representative of the
regional election commission, municipal councillors and citizens.
(7) (new, SG 69/03) The mayors of municipalities, r egions and mayoralties shall have all rights
under legal terms of employment, except those contradicting or incompatible with their legal status.
Art. 38a. (revoked – SG 69/06)
Art. 39. (amend. SG 65/95; amend., SG 69/03; amend. – SG 69/06) (1) The mayor of the
municipality, respectively the mayor of the district shall appoint deputy mayors in compliance with th e
approved number and structure of the municipal admi nistration and shall determine their functions.
(2) The mayor of the municipality, respectively the mayor of the district shall determine with an
order a deputy mayor, who shall be a substitute for him/her for the time of absence from the
municipality, respectively from the district.
(3) The mayor of the municipality, respectively the mayor of the district can authorize deputy
mayors to fulfill their powers in cases, when this is provided in a law.
(4) A deputy mayor can be discharged without prior notification with an order of the mayor of
the municipality, respectively of the mayor of the district.
Art. 39a. (new – SG 69/99; amend. – SG 69/06; revok ed – SG 63/07, in force from 03.08.2007)
Art. 39b. (new – SG 69/99; revoked, SG 69/03)
Art. 40. (revoked – SG 69/06)
Art. 41. (1) (amend. and suppl. SG 65/95, amend. SG 69/99; amend. and suppl., SG 69/03;
amend. – SG 69/06; amend. – SG 108/08) The mayors o f municipalities, of districts and of mayoralties,
the mayor deputies, deputy mayors of municipalities and of districts and secretaries of municipalities
cannot carry out commercial activity in the sense of the Commercial law, be controllers, managers or
procurators in commercial companies, commercial pro xies, trade representatives, trade intermediaries,
syndics, liquidators of participate in supervisory, management and control bodies of commercial
companies and co-operations during the time of their mandate.
(2) (revoked – SG 61/07)
(3) Within one month after the announcement of elec tion results, respectively after the adoption
of the decision by the municipal council, a person, who at the time of his/her election as a mayor, is
occupying a position or carries out activity under par. 1, shall take relevant actions towards termination
of the activity and/or for his/her discharge from the occupied position and shall notify in writing ab out
that the chairperson of the municipal council and the municipal election commission.
(4) Deputy mayors of municipalities or of districts , mayor deputies and secretaries of
municipalities upon their appointment at the respective position shall present a declaration, certifying the
requirements under par. 1.
Art. 42. (1) (amend. SG 65/95, SG 90/96, suppl. SG 69/99; amend. – SG 63/07, in force from
03.08.2007) The authorities of the mayors shall be terminated ahead of time:
1. (amend. – SG 69/06) at submitting of resignation through the chairperson of the municipal
council to the municipal election commission;
2. (amend. SG 65/95, SG 90/96, SG 69/99, SG 85/00; amend., SG 69/03; amend. – SG 69/06)
at permanent factual impossibility to fulfill their obligations for more than 6 months because of illn ess or
a decease;
3. (suppl. SG 85/00) at entering in force of senten ce, with which is imposed punishment
imprisonment for premeditated crime of general character.
4. (amend. – SG 69/06) in case of non-fulfillment of the obligation under Art. 41, par. 3;
5. (new – SG 154/98; amend., SG 69/03) at administr ative changes, leading to change of the
permanent address in the municipality or the mayoralty;
6. (new – SG 154/98, amend. SG 69/99; suppl. – SG 6 3/07, in force from 03.08.2007) at
administrative changes, leading to liquidation of the municipality, the region or the mayoralty.
7. (new, SG 69/03) on his election as a national re presentative, minister or regional governor,
on his appointment for deputy minister or deputy re gional governor, or when he takes up another
position under employment or official terms of relation.
8. (new, SG 69/03; amend. – SG 69/06) for violation of the prohibitions under art. 41, para 1;
9. (new – SG 14/09) in case of absence from work wi thout any reason for more than a month;
10. (new – SG 42/09) in case of entry into force of an act, establishing conflict of interests
under the Law on Prevention and Disclosure of Conflict of Interests.
(2) (new – SG 69/06) The circumstances under par. 1 shall be evidenced by documents, issued
by competent bodies. In cases under par. 1, item 1 within three days after the submission of resignation
the chairperson of the municipal council shall send it to the municipal election commission.
(3) (new – SG 69/06) Within three days after the re ceipt of documents under par. 2 the
municipal election commission shall notify the mayor, who can appeal in writing before the commission
within three days after his/her notification. Within three days after the expiration of the term for
appealing the municipal election commission shall a dopt a decision for termination of powers. The
decision of the municipal election commission can be appealed pursuant to the procedure of Art. 104 of
the Law of local elections. A transcript of the decision shall be sent to the Central election commiss ion
of local elections and to the chairperson of the municipal council within three days after its entering into
force.
(4) (amend. – SG 65/95; suppl. – SG 69/99, prev. pa r. 2, amend. – SG 69/06; amend. and suppl.
– SG 63/07, in force from 03.08.2007) In case the p owers of a mayor have been terminated before the
term, the municipal council shall elect a temporary acting mayor for a period until taking the oath by the
newly elected mayor. One of the deputy mayors of th e municipality, respectively of the region, shall be
elected as temporary acting mayor of municipality o r mayor of region. When no deputy mayor has been
appointed, a temporary acting mayor of municipality or mayor of region shall be elected under a
proposal of a municipal councillor.
(5) (new – SG 69/06; amend. and suppl. – SG 63/07, in force from 03.08.2007) When after
termination of authorities of a mayor less than one year is remaining until the end of the mandate, partial
elections shall not be held. In these cases the mun icipal council shall elect a mayor of municipality,
mayor of region or mayor of mayoralty, whereas as a mayor of municipality a deputy mayor or
municipal councillor shall be elected.
(6) (new – SG 69/06; suppl. – SG 63/07, in force from 03.08.2007) When a mayor of
municipality, mayor of region or mayor of mayoralty are registered as candidates in local elections,
within 7 days prior to the end of mandate the municipal council shall elect a temporary acting mayor of
municipality, mayor of region or mayor of mayoralty for the period until taking the oath by the newly
elected mayor. A temporary acting mayor of municipa lity or mayor of region shall be elected under the
provisions of par. 4, sentences two and three.
(7) (new – SG 69/06; suppl. – SG 63/07, in force fr om 03.08.2007) When a mayor of
municipality, mayor of region or mayor of mayoralty is not registered as a candidate in local elections,
he/she shall continue to fulfill his/her obligations until taking the oath by the newly elected mayor.
(8) (new – SG 69/06; suppl. – SG 63/07, in force fr om 03.08.2007) A temporary acting mayor
of municipality, mayor of region or mayor of mayora lty shall be appointed by the regional governor,
when the municipal council has not taken a decision within the term under par. 6.
(9) (new – SG 69/06) The decisions of the municipal council under par. 4, 5 and 6 shall be
taken with a majority of more than the half of the total number of the councillors.
Art. 42a (new – SG 69/99; revoked – SG 63/07, in fo rce from 03.08.2007)
Art. 42b. (new – SG 69/99; revoked, SG 69/03)
Art. 42c. (new – SG 69/99, suppl. SG 85/00; revoked , SG 69/03)
Art. 43. (1) The mayor of the municipality shall ap point a secretary of the municipality without
a fixed term.
(2) (amend. SG 65/95, SG 69/99; amend. – SG 69/06) The secretary of the municipality must
be a person with higher education.
(3) (amend. SG 65/95; amend. – SG 69/06) The secretary of the municipality shall organize and
be responsible for:
1. the activity of the municipal administration, the working conditions of the employees and for
the organisational – technical provision of their activity;
2. the record services, the document circulation an d the municipal archive;
3. the activity of the units for civil registration and administrative servicing;
4. announcement and promulgation of the acts of mun icipal council and of the mayor of
municipality;
5. for the work with claims, appeals, notifications and proposals of the citizens and legal
persons;
6. organization and technical preparation and holding the elections and local referendums.
(4) (new – SG 69/06) The secretary of the municipal ity shall perform also other functions,
assigned to him/her by the mayor of municipality, with a law or any other legal act.
Art. 44. (1) The mayor of the municipality shall:
1. manage the whole executive activity of the munic ipality;
2. direct and co-ordinate the activity of the specialised executive bodies;
3. (amend. SG 65/95; suppl., SG 69/03) appoint to a nd discharge from position the deputy
mayors of the municipality, the mayors deputies, the heads of the units at the support of the municipal
budget, the chiefs and the employees in the municip al 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 preserv ation 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 program mes;
7. (suppl. SG 5/95; suppl., SG 69/03; amend. – SG 6 9/06) organise the fulfilment of the acts of
the municipal council and submit to the municipal council a report on their fulfillment twice a year;
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 Mini sters;
9. (amend. SG 65/95, suppl. SG 85/00; amend. – SG 1 4/09) assign the fulfilment of his
functions to the mayors of the mayoralties and the districts, co-ordinate and exercise control for the
expedience and the lawfulness at their fulfilment. Exercise control on the lawfulness of the acts and the
actions of the mayors related to fulfilment of thei r powers and impose the respective administrative
penalties;
10. maintain connections with the political parties, the public organisations and movements, as
well as with other bodies of local government in th e country and abroad;
11. (new – SG 65/95, amend. SG 19/05; revoked – SG 35/09, in force from 12.05.2009)
12. (new – SG 19/05; amend. – SG 35/09, in force from 12.05.2009) chair the council for
security;
13. (new – SG 65/95, amend. SG 1/01, prev. 12 – SG 19/05) 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
14. (new – SG 65/95, suppl. SG 67/99, SG 85/00, pre v. 13 – SG 19/05) 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 reg isters about the civil status, to the mayor deputies
and to other official persons of the municipal admi nistration;
15. (new – SG 65/95, prev. 14 – SG 19/05) represent the municipality before individuals and
corporate bodies and before the court.
16. (new – SG 65/95, prev. 15 – SG 19/05; suppl. – SG 69/06) ensure the organisation –
technical servicing of the municipal council and participate in its sessions with a voting right;
17. (new, SG 69/03, prev. 16 – SG 19/05) approve th e structural regulations of the municipal
administration.
18. (new – SG 69/06) send to the municipal council administrative acts, and also contracts with
their amendments and supplements, issued in executi on of the acts, adopted by the council, within three
days after their issuance or signing;
19. (new – SG 6/09, in force from 01.05.2009) assis t the condominium ownership and their
managing bodies under the terms and following the p rocedure of the Law on the Condominium
Ownership Management.
(2) In execution of his/her authorities the mayor of municipality shall issue orders.
(3) (amend. SG 65/95) The orders 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 sha ll 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.
(5) (new – SG 69/06) The mayor of municipality shal l present before the municipal council a
management program for the period of the mandate wi thin three months after taking the oath. The
program shall contain general objectives, priorities, activities, deadlines for fulfillment and expected
results. The mayor of municipality shall present be fore the municipal council an annual report on
accomplishment of the program not later than 31 January.
Art. 45. (amend. – SG 69/06) (1) The acts of the ma yor of municipality can be appealed under
administrative procedure before the regional governor, unless otherwise provided in a law.
(2) The municipal council can revoke administrative acts, issued by the mayor of municipality,
which disagree with acts, adopted by the council, within 14 days after their acceptance. Within the same
term the council can dispute the unlawful administr ative acts, issued by the mayor of municipality,
before the respective administrative court.
(3) The acts of the municipal council can be appeal ed before the respective administrative
court.
(4) Regional governor shall exercise control for the lawfulness of the acts of municipal
councils, unless otherwise provided in a law. He/sh e can bring the unlawful acts back for new
consideration by the municipal council or to dispute them before the respective administrative court. The
appeal shall suspend the application of individual and general administrative acts and the application of
sub-legislative legal acts, unless otherwise resolved by the court.
(5) The mayor of municipality can bring back for re -consideration unlawful or inappropriate
acts of the municipal council or to dispute the unlawful acts before the respective administrative cou rt
and to claim suspension of implementation of genera l administrative acts and the application of sub-
legislative legal acts. The mayor of municipality cannot bring back for re-consideration by expediency
internal acts, related to the organization and the activity of the municipal council and its commissio ns.
(6) The brought back for re-consideration act along with the reasons for its bringing back shall
be sent to the chairperson of the municipal council within 7 days after its receipt.
(7) The brought back for re-consideration act shall not enter into force and shall be considered
by the municipal council within 14 days after its receipt.
(8) The brought back for re-consideration act can b e disputed before the respective
administrative court by the mayor of municipality, respectively by the regional governor, within 7 days
after the expiration of the term under par. 7, prov ided that the municipal council fails to issue a
pronouncement with this regard.
(9) The municipal council can revoke, amend or re-a dopt the act brought back for re-
consideration.
(10) The act, brought back for re-consideration, shall be adopted again with the majority,
provided in a law, but not less than more than the half of the total number of the municipal councillo rs.
(11) The amended or re-adopted act of the municipal council can be disputed before the
respected administrative court pursuant to the provisions of the Code of Administrative Procedure.
(12) To all matters concerning issuing, appealing a nd implementation of acts of municipal
councils and mayors, not covered herein, the provisions of administrative procedure, set in a law, shall
be applied.
Art. 46. (amend. SG 65/95, suppl. SG 122/97; suppl. – SG 69/06) (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, communa l and other measures;
3. be responsible for the management of sites of the municipality ownership, determined by the
municipal council;
4. (amend., SG 69/03; suppl. – SG 69/06) appoint an d discharge the employees of the
municipal administration of the district or the mayoralty, who support his activity, in compliance wit h
the approved number and structure;
5. undertake measures for improvement and restorati on of the environment and organise the
guarding of the rural properties;
6. (suppl. SG 67/99) keep the registers of the popu lation 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; amend. – SG 69/06) ensure the observing of the public order; has the
authorities of art. 61, 63, 68, 69, 71, 72 and 74 of the Law for the Ministry of Interior on the respe ctive
territory till the arrival of the police body;
9. organise and manage the defence of the populatio n 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;
11. (new – SG 63/07, in force from 03.08.2007) orga nize the enforcement of the acts of the
Municipal Council and of the mayor of municipality regarding the territory and the citizens of the region
or mayoralty;
12. (new – SG 63/07, in force from 03.08.2007) carr y out functions assigned by the mayor of
municipality.
(2) (new – SG 69/99; amend. – SG 69/06) The authori ties of a mayor of the mayoralty in a
settlement, which is municicpality administrative center, shall be performed by the municipality mayor .
(3) (new – SG 69/06) A mayor of a district and a mayor of mayoralty can participate in sessions
of municipal council with a voting right. They shal l be granted a hearing obligatorily in case of
discussion on matters, related to the mayoralty or the district.
(4) (prev. (2) – S69/99; amend., SG 69/03; prev. pa r. 3 – SG 69/06) 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 3 depending on the concrete peculiarities of the municipality, the district or
the mayoralties.
Art. 46a. (new – SG 69/99; amend. – SG 69/06) (1) I n a settlement, which is not an
administrative center of a mayoralty, the municipality mayor can appoint for the term of the mandate a
mayor deputy in conformity with the approved number and structure of the municipal administration.
(2) Mayor deputies shall continue fulfilling their functions also after the expiration of the term
under par. 1 until their discharge by the newly elected municipality mayor.
(3) Mayor deputies are bodies of the executive powe r in the settlement. They can be discharged
before the term without notification by the municipality mayor.
(4) The authorities of mayor deputies shall be dete rmined by the municipal council.
Municipality mayor can assign to the mayor deputies execution of his functions. Other functions also
can be assigned to mayor deputies with a law or any other legal act.
(5) Mayor deputies can participate in sessions of t he municipal council with a voting right.
They shall be granted a hearing obligatorily in case of discussion on matters, related to the respective
settlement.
Art. 47. (new – SG 69/06) Courts shall be obliged t o accomplish the instituted before them
proceedings under Chapter four and five within two months.
Chapter six.
COMMISSIOS OF THE MUICIPAL COUCIL (title amend. – SG 69/06)
Art. 48. (1) (prev. text of art. 48 – SG 69/03) The municipal council shall elect among its
councillors permanent and temporary commissions, in which can also be included other specialists.
(2) (new, SG 69/03) The municipal councillors may n ot participate in more than three standing
commissions.
Art. 49. (1) (suppl., SG 69/03) The permanent and interim 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 preparat ion of decisions on issues, submitted for
discussion and solving;
3. to implement control over the fulfilment of the decisions of the municipal council.
(2) (suppl., SG 69/03) In its work the permanent an d interim commissions can attract external
persons as experts and consultants.
(3) (new – SG 69/06) Citizens and legal persons can file written proposals and statements to the
commissions of the municipal council.
Art. 50. (amend. – SG 69/06) The commissions shall accept reports, statements, proposals and
recommendations on the considered issues, which shall be submitted to the municipal council and to the
respective interested persons.
Chapter seven.
POSSESSIOS AD FIACE OF THE MUICIPALITY
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; revoked – SG 54/08)
(4) (amend. SG 65/95; revoked – SG 54/08)
(5) (amend. SG 65/95; revoked – SG 54/08)
Art. 52. (1) (amend. – SG 69/06) The municipal coun cil shall adopt independent budget of the
municipality, out of the republican one, on the basis of own income sources and subsidies from the sta te,
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) (revoked, SG 69/03)
(6) (revoked, SG 69/03)
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 functi ons shall be covered by the republican
budget.
(3) (amend. and suppl., SG 69/03) The municipal cou ncil can support with financial resources
municipal enterprises and trade companies with muni cipal participation, 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 t o 50 percent of the value of the credits. The munic ipal
councils shall adopt and publish regulations for the conditions and the order of spending the resource s of
the funds.
Chapter eight.
MUICIPAL COOPERATIO (EW – SG 69/06)
Art. 59 (new – SG 69/06). (1) Municipalities can cooperate with each other, with the regions,
with legal or natural persons and to establish associations, through which to achieve objectives of mu tual
interest and to which to assign implementation of actions, arising out of their authorities.
(2) Municipal cooperation has got the objective to improve the quality of administrative
service, provision of public services to population and to contribute to the development of respective
regions through effective use of the existing resources.
Art. 60 (new – SG 69/06) The general principles of implementation of the municipal
cooperation are:
1. voluntariness;
2. mutual interest;
3. active choice;
4. flexibility and dynamism;
5. transparency and responsibility.
Art. 61. (new – SG 69/06) (1) Municipal cooperation shall be carried out on the grounds of a
signed cooperation agreement, which shall be subject to approval by the municipal council.
(2) In the cooperation agreement shall be set out:
1. parties under the agreement;
2. the scope and the subject of the agreement;
3. the objective of the agreement;
4. forms of cooperation and/or the type of the legal person:
a) for implementation of a specific project or activity between two or more municipalities;
b) for establishment of a non-profit legal person b etween municipalities;
c) for establishment of a profit-making legal perso n between two or more municipalities;
d) for execution of a specific project or activity or for establishment of a non-profit legal body
or a profit-making legal person between one or more municipalities and/or natural persons;
5. parties rights and obligations;
6. participation share of each party with financial means, property and/or any other firms of
participation for achievement of the mutual objective;
7. rules of constitution, taking decisions and term ination of inter-municipal councils and/or
commissions, as well as their competencies, in case when municipalities have achieved an agreement
about establishment of such bodies;
8. other important for the parties under the agreement matters, including the requirements of
each of them, arising out of the legislation.
(3) (new – SG 54/08) The non-profit associations, in which the municipality participates, shall
carry out activities for public benefit. The restrictions about the number of members specified in Art . 19
of the Law on the Non-profit Legal Persons shall not apply to their establishment.
Art. 62 – 67. (revoked – SG 65/95).
Chapter nine.
REGIO (revoked – SG 130/98)
Art. 68 – 72. (revoked – SG 130/98).
Art. 73. (revoked – SG 65/95).
Chapter ten.
ADMIISTRATIVE – TERRITORIAL CHAGES
Art. 74 – 75. (revoked – SG 65/95).
Chapter eleven.
TRASITIOAL AD COCLUDIG PROVISIOS
§ 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 t he 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; A mend. 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 municipa lities 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 reg ional 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 t he
police.”
§ 7. (amend. SG 49/95) (1) With the entering in for ce 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 wate r intake facilities and the conveying network and
facilities;
2. dams, lakes and the adjacent beaches, quarries f or 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 mea sures, 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 me asures, 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 t he 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 i ncluded 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 l aw shall be assigned to the Council of
Ministers.
Transitional and concluding provisions
OF THE LAW FOR AMEDMET AD SUPPLEMET OF THE LAW FOR THE LOCAL
GOVERMET AD THE LOCAL ADMIISTRATIO (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 AMEDMET AD SUPPLEMET OF THE LAW FOR THE LOCAL
GOVERMET AD THE LOCAL ADMIISTRATIO (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 w ith
the law. Till the approval of the decision of the municipal council at the mayoralties, which do not m eet
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.
Concluding provisions
(SG 69/03)
§ 43. The law shall enter into force on the day fol lowing the day of the local elections in 2003.
Transitional and concluding provisions
TO THE ADMIISTRATIVE PROCEDURE CODE
(PROM. – SG 30/06, IN FORCE FROM 12.07.2006)
§ 142. The code shall enter into force three months after its promulgation in State Gazette, with
the exception of:
1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section
II “Appeal by court order”, § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, §
61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 – 4§
101, item 1, § 102, item 1, § 107, § 117, items 1 a nd 2, § 125, § 128, items 1 and 2, § 132, item 2 an d §
136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, ite m 2 and
§ 125, item 1 – with regard to the replacement of t he word “the regional” with the “administrative” an d
the replacement of the word “the Sofia City Court” with “the Administrative court – Sofia”, which shall
enter into force from the 1st of May 2007;
2. paragraph 120, which shall enter into force from the 1st of January 2007;
3. paragraph 3, which shall enter into force from t he day of the promulgation of the code in
State Gazette.
Transitional and concluding provisions
TO THE LAW AMEDIG THE LAW FOR THE LOCAL GOVERME T AD THE
LOCAL ADMIISTRATIO
(PROM. – SG 69/06)
§ 39. Paragraph 15, item 1 shall enter into force f rom 1 January 2008.
Transitional and concluding provisions
TO THE LAW O AMEDMET AD SUPPLEMETATIO OF THE LAW O THE
LOCAL ELECTIOS
(PROM. – SG 63/07, IN FORCE FROM 03.08.2007)
§ 98. This Law shall enter into force from the day of its promulgation in the State Gazette.
Transitional and concluding provisions
TO THE LAW O THE CODOMIIUM OWERSHIP MAAGEMET
(PROM. – SG 6/09, IN FORCE FROM 01.05.2009)
§ 13. The Law shall enter into force from 1 May 200 9.
Transitional and concluding provisions
TO THE LAW O THE DEFECE AD THE ARMED FORCES OF T HE REPUBLIC OF
BULGARIA
(PROM. – SG 35/09, IN FORCE FROM 12.05.2009)
§ 46. This Law shall enter into force from day of i ts promulgation in the State Gazette.