The Armed Forces of the Republic of Bulgaria Reserves Act

Promulgated, State Gazette, No. 20/9.03.2012, effectiive 10.06.2012

Chapter One

GENERAL PROVISIONS

 

Article 1. This Act governs the preparagraphtion of the citizenry for defense of the homeland and the public relations pertinent to the governance, staffing, training, use, military roster and service in the Reserve of the Armed Forces of the Republic of Bulgaria.

Article 2. The Reserve of the Armed Forces of the Republic of Bulgaria, further herein to be referred to as `the Reserve', shall consist of Bulgarian citizens and equipment for making up the full complement of:

  1. the military units of the Armed Forces in peace and war time;
  2. structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act, of other forces of the system of national security of the Republic of Bulgarian in peace time.

Article 3. (1) The reserve shall be staffed on a voluntary as well as a compulsory principle.

 (2) The voluntary principle shall apply to Bulgarian citizens who have expressed willingness to serve in the Reserve or to make equipment available for a period of time subject to terms and a procedure as defined by this Act and the contract in effect. For the term of validity of said contract, such Bulgarian citizens shall acquire the status of reservists, and the equipment, of reserve equipment.

 (3) The compulsory principle shall apply to Bulgarian citizens who do not have the status of reservists but have military or other special training or own equipment and may receive a mobilization assignment. Such citizens shall acquire the status of mobilization reservists, and the equipment, of mobilization equipment.

Article 4. (1) The formation and use of the Reserve of the Armed Forces in peace time shall be planned, organized, prepared and governed by the Minister of Defense.

 (2) The formation and use of the Reserve of the structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act shall be planned, organized, prepared and governed by the head of the relevant agency.

 (3) A roster of the Reserve as per (1) and (2) above for peace and war time shall be kept by the enlistment authorities responsible for keeping the military roster subject to terms and a procedure as defined by an ordinance of the Council of Ministers.

 (4) Any activities pertinent to the Reserve as per (1) shall be funded from the budget of the Ministry of Defense, and those as per (2), from the budget of the relevant agency.

Article 5. (1) The Reserve shall comprise a volunteer reserve and a mobilization reserve force.

 (2) The volunteer reserve is intended to staff with reservists and supply with reserve equipment, in accordance with standard staffing tables for peace and war time:

  1. the military units of the Bulgarian Army and structures directly reporting to the Minister of Defense, intended to perform missions of national defense and other tasks pertinent to the protection of national security;
  2. military units of the Armed Forces intended for participation in operations and missions outside of the territory of the Republic of Bulgaria in peace time.

 (3) The mobilization reserve force is intended for:

  1. staffing with mobilization reservists and supplying with mobilization equipment of wartime units of the Armed Forces of the Republic of Bulgaria in time of war;
  2. maintaining, with mobilization reservists and mobilization equipment, the full complement of the Armed Forces engaged in continuous military operations in time of war;
  3. staffing of structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act in respect of other forces of the system of national security of the Republic of Bulgaria in war time.

Article 6 (1) The service of Bulgarian citizens in the Reserve is a special-purpose service carried out in accordance with this Act and the bylaws governing its implementation.

 (2) Peacetime service in the Reserve can be either service in the volunteer reserve or in the mobilization reserve force.

Article 7. (1) Service in the volunteer reserve can be either:

  1. active duty; or
  2. availability for active duty.

 (2) Active duty shall comprise a period of time during which the reservist and the reserve equipment are called up to perform tasks as part of a military unit of the Armed Forces or for purposes of special military training, upgrading or retraining courses.

 (3) Availability for active duty shall mean a period of time during which the reservist and the reserve equipment are not summoned to active duty but are ready and available to engage in such.

 (3) Where a state of emergency is declared in the territory of this country or parts of it, the reservists and the reserve equipment covered by the decision of the National Assembly or the decree of the President of the Republic of Bulgaria as per Article 122 (2) of the Republic of Bulgaria Defense and Armed Forces Act shall be called up for active duty.

Article 8 (1) Service in the mobilization reserve shall be a period of time during which:

  1. mobilization reservists and equipment with a mobilization assignment shall stand ready to perform tasks in a declared state of war or martial law in accordance with the draft order received;
  2. mobilization reservists and equipment without a mobilization assignment shall stand ready to perform tasks in war time after a draft order is received.

 (2) Upon declaration of a state of war or martial law, the mobilization reservist and the mobilization equipment shall report to the military units or complementary structures of the Armed Forces specified in the draft order.

Article 9. (1) The wartime service of reservists on active duty and the reserve equipment shall commence from the date and time of declaration of a state of war or martial law.

 (2) Reservists and reserve equipment available for active duty, mobilization reservists and mobilization equipment shall be considered to be on active wartime duty from the moment of being called up.

Article 10. The State shall guarantee to the reservists and their employers/bodies of employment, as well as to the owners of the reserve equipment, specific rights defined hereunder and by force of the contract in place.

Article 11. (1) Reservists and mobilization reservists shall be assigned military ranks. They may be promoted and demoted in military rank subject to terms and a procedure as defined by the Rules of Implementation of this Act.

 (2) Reservists and mobilization reservists may be promoted posthumously once, by a single rank.

Article 12. (1) Reservists and mobilization reservists shall, during active duty and wartime service, wear a uniform and insignia as determined by an order of the Minister of Defense.

 (2) The rules of wearing a uniform and insignia are determined by the Statute of the Armed Forces of the Republic of Bulgaria.

 (3) Mobilization reservists in the structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act shall, during wartime service, wear a uniform and insignia determined by an act of the Council of Ministers, subject to a proposal by the relevant head of agency.

Article 13. (1) For high achievements in reserve duty and outstanding contribution to the national defense, reservists, mobilization reservists and civilians may be conferred distinctions and awards by the Minister of Defense subject to terms and a procedure as per the rules of implementation of this Act.

 (2) The cash equivalence of such awards shall be exempted from tax.

 

Chapter Two

GOVERNANCE OF THE RESEREVE

Article 14. The Reserve shall be governed by:

  1. the National Assembly;
  2. the President of the Republic;
  3. the Council of Ministers;
  4. the Minister of Defense;
  5. the heads of structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act .

Article 15. The National Assembly shall have the authority to:

  1. designate, subject to a proposal by the Council of Ministers, military units of the Armed Forces and structures to complement the Armed Forces in war time;
  2. determine, subject to a proposal by the Council of Ministers, within the total complement of military units of the Armed Forces, the strength of the volunteer reserve and mobilization reserve for the Armed Forces;

Article 16. The President of the Republic shall have the authority to declare, subject to a proposal by the Council of Ministers, general or partial mobilization of the Reserve.

Article 17. The Council of Ministers shall have the authority to:

  1. determine government policy with respect to the reserve of the Armed Forces;
  2. propose to the National Assembly to determine, within the full complement of the military units of the Armed Forces, the requisite strength of the volunteer reserve and the mobilization reserve for the Armed Forces;
  3. propose to the National Assembly to determine military units and structures to complement the Armed Forces in war time.
  4. propose to the President of the Republic to declare general or partial mobilization of the Reserve;
  5. determine the structures of other forces of the national security system of the Republic of Bulgaria, to be included in the Armed Forces in war time.

Article 18. The Minister of Defense shall have the authority to:

  1. oversee the implementation of the government policy on the Reserve;
  2. oversee activities pertinent to the planning, organization, governance, roster, training and use of the Reserve of the armed Forces;
  3. submit a proposal to the Council of Ministers on the structure and strength of the Reserve of the armed Forces;
  4. assign Reserve personnel and equipment to military units of the Armed Forces;
  5. propose to the Council of Ministers the setting up of military units and structures to complement the Armed Forces in war time;
  6. conclude, amend or terminate, in person or through a designated official, contracts for service in the volunteer reserve with reservists, as well as contracts on the provision of reserve equipment to the Armed Forces.

Article 19. The heads of structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act shall have the authority, in coordination with the Minister of Defense, to propose to the Council of Ministers structures and numbers of personnel to be included in the Armed Forces in war time.

Article 20. (1) Regional governors and mayors of municipalities shall have the authority to:

  1. assist in keeping the military roster of Bulgarian citizens, ensure proper notification and availability of mobilization reservists and mobilization equipment as necessary;
  2. provide premises and administrative support for the authorities responsible for keeping the military roster;
  3. prepare, on an annual basis, a proposal to the Minister of Defense for training of their senior staff and employees on matters pertinent to Reserve duty.

 (2) All activities as per paragraph (1) shall be funded by annual allocations from the national budget through the budget of the relevant region/municipality.

Article 21. (1) All activities pertinent to the planning, organization, management, training, use and roster of the reserve shall be carried out by the Minister of Defense, through the Central Recruitment Office.

 (2) The Central Recruitment Office is a military unit directly reporting to the Minister of Defense, and a secondary budget spender.

 (3) Under the Central Recruitment Office there shall operate subordinate territorial structures - military units responsible for keeping the military roster in accordance with this Act.

 (4) the organizational structure and operation of the Central Recruitment Office shall be determined by force of this Act, the Armed Forces Development Plan and an act of the Minister of Defense.

Article 22. (1) For the performance of its functions as per this Act, the Central Recruitment Office shall build, maintain and use information data bases.

 (2) Such information data bases can be used for processing personal data pertinent to keeping the military rosters, whereby in the process:

  1. no consent of the individual concerned shall be required;
  2. the individual concerned shall not be informed either prior to, or after the processing of his/her personal data;
  3. such personal data shall not be made available to third parties;
  4. said personal data shall remain in storage after being processed for periods of time determined by the head of the Central Recruitment Office in his/her capacity as personal data administrator.

 (3) Said personal data shall be deleted if the reasons for their storage, whether by law or in compliance with an act of court, no longer apply.

 (4) Personal data from the information data bases may only be made available to the Minister of Defense as well as to the courts for purposes of conducting criminal proceedings, as well as to foreign agencies in compliance with an international treaty to which the Republic of Bulgaria is a party.

 (5) Personal data shall only be processed subject to the terms and procedure as per this Act and the Personal Data Protection Act.

(6) Personal data administrators under the Personal Data Protection Act are: the head of the Central Recruitment Office or his/her designated representatives, who shall delegate the processing of personal data to appointed staff.

 (7) The procedure of generation, use and closing down of information data bases, including the terms and procedure of entry, storage, access to, and usage of information from, personal data shall be determined by an act of the head of the Central Recruitment Office.

 

Chapter Three

SERVICE IN THE VOLUNTEER RESERVE

 

Section I

Composition of the volunteer reserve

Article 23. The volunteer reserve shall comprise the reservists and the reserve equipment.

Article 24. (1) Candidates to join the Reserve must satisfy the following requirements:

  1. they must be citizens of the Republic of Bulgaria aged 18 or over and must have no other citizenship;
  2. they must be able-bodied and mentally fit to serve in the volunteer reserve;
  3. they must have educational status suitable for the position applied for;
  4. they must have no prior convictions of a criminal offense of general nature;
  5. they must not be subject to criminal proceedings for a premeditated criminal offense of general nature;
  6. they must not have dishonorably discharged from the Armed Forces;
  7. they must not be over the maximum eligible age for service in the volunteer reserve as per paragraph (6) below.

 (2) Fitness for service in the volunteer reserve as per paragraph (1), item 2 above shall be determined by the military medical authorities subject to terms and a procedure determined by an act of the Minister of Defense.

 (3) Mental fitness for service in the volunteer reserve shall be determined by specialized psychological support units and bodies subject to terms and a procedure determined by an act of the Minister of Defense.

 (4) The Minister of Defense may designate positions for reservists to be filled by persons with primary education, provided that no access to classified information is required for filling the relevant position.

 (5) The Minister of Defense may designate positions for reservists to be filled by persons with dual citizenship, provided that the special requirements of the Classified Information Protection Act are satisfied.

 (7) The maximum eligible age for service in the volunteer reserve shall be:

  1. for private soldiers (seamen) and non-commissioned officers: 55 years;
  2. for warrant officers and commissioned officers: 60 years.

 

Section II

Induction into the volunteer reserve

Article 25. (1) Position vacancies in the volunteer reserve shall be posted on the website of the Ministry of Defense and the Central Recruitment Office.

 (2) The positions as per (1) shall be filled following a competitive procedure conducted subject to terms and conditions as determined by the rules of implementation of this Act and the volunteer reserve service contract in place.

 (3) Other specific requirements in addition to those as per Article 45 (1) may be posited in the notice of the competition as per (2).

 (4) The competition as per (2) shall be conducted by a commission appointed by the Minister of Defense or his/her designated representative.

 

Section III

The volunteer reserve service contract

Article 26. (1) Candidates for service with the volunteer reserve shall be appointed on the basis of a service contract and subject to the issuance of the requisite classified information access clearance.

 (2) The service contract shall name the position to which the reservist is appointed; determine the corresponding military rank, the terms of training, upgrading and re-training courses to be given to the inductee; the duration and location of the military service; the call-up procedure, the time of reporting for duty, the participation in operations and missions outside the territory of Bulgaria, the remuneration, the rights and obligations of the parties to the contract, the indemnity owed by the reservist if he/she fails to completes his/her training; the type and amount of compensation for the employer/body of employment for the duration of the reservist's time of active duty and the indemnities provided for default on the contract.

Article 27. By an annex to the contract, the parties may agree on other positions for the reservist to serve in, including through his/her participation in operations or missions outside the territory of Bulgaria.

Article 28. (1) The volunteer reserve service contract is trilateral and shall be signed by the reservist, the Minister of Defense or his/her designated representative, and on behalf of the employer/body of employment of the reservist.

 (2) A copy of said contract shall be given each to the reservist, the enlistment authority, the employer/ body of employment of the reservist and the military unit on whose behalf the contract is concluded.

 (3) The procedure of entering into, amendment or termination of the contract shall be determined by the rules of implementation of this Act.

Article 29. (1) The maximum term of validity of the volunteer reserve service contract shall be no more than 5 years.

 (2) The validity of the contract may be extended by a term not exceeding that as per (1), subject to a proposal addressed by the reservist or the Minister of Defense or his/her designated representative, to the respective other parties not later than 3 months prior to the expiry of its original term.

Article 30. The volunteer reserve service contract may be terminated ahead of term, without a notice being served by any of the parties thereto, in the following cases:

  1. by mutual consent in writing between the parties;
  2. upon completion of the maximum eligible age as per Article 24 (6);
  3. in case of non-performance of obligations under this Act or under the contract;
  4. if, following conclusion of the contract, the reservist fails to compete successfully his/her military training course;
  5. in case a classified information access clearance is denied to, or withheld from, the reservist, or in case the reservist has declined to submit the requisite documents for being screened in accordance with the procedure as per the Classified Information Protection Act;
  6. in case the reservist takes up an elected public office;
  7. in case the reservist is inducted into regular military service;
  8. if the reservist is on pregnancy or maternity leave or on a leave for adoption or raising of a child;
  9. in case one or more of the requirements for induction into the volunteer reserve as per Article 24 (1) is no longer satisfied.
  10. in the event of the reservist's death.

Article 31. (1) The volunteer reserve service contract may be terminated by a written notice addressed by the reservist to the Minister of Defense or to his/her designated representative.

 (2) Said notice shall be dated no less than three months prior to the proposed date of termination, as from the day following the date of receipt of said notice. Said notice may be withdrawn prior to expiry of its term with the consent of the Minister of Defense or his/her designated representative.

Article 32. (1) The volunteer reserve service contract may be terminated by a written notice served by the Minister of Defense, or his/her designated representative, to the other parties in cases of:

  1. a decision being adopted by the National Assembly or the Council of Ministers to reduce the strength of the volunteer reserve;
  2. changes in the structure or personnel strength, subject to an act of the Minister of Defense.

 (2) Said notice shall be no less than one month prior to the date of termination, the one-month period starting to expire on the day following the date of receipt of said notice.

Article 33. The volunteer reserve service contract shall be terminated by a written order issued by the Minister of Defense or his/her designated representative.

 

Section IV

Active duty in the volunteer reserve

Article 34. (1) A reservist shall be considered to be on active duty as from the moment he/she has reported for duty to the relevant military unit of the Armed Forces, or for military or special training for an upgrading or re-training course.

 (2) The beginning and the end of active duty shall be determined depending on the tasks included in the approved combat training plans of military units in the Armed Forces; the relevant chief/commander of the military unit shall issue an order to that effect and notify the enlistment authorities.

 (3) During active duty, a reservist may perform his/her duties on a part- or full-time basis, depending on the contract concluded.

Article 35. (1) During the period of active duty, the volunteer reservist shall have the status of a serviceman/woman, with all rights and obligations of the position held, with the exception of restrictions as per Article 182 (1) and Article 188 of the Republic of Bulgaria Defense and Armed Forces Act.

(2) The period of time during which a reservist is on active duty shall count as length of service category A.

Article 36. The reservist shall receive basic and additional compensation, in full or in part, depending on the duration of active duty.

Article 37. (1) The reservist shall serve active duty within the relevant military unit to which he/she is assigned in accordance with the contract concluded.

 (2) The enlistment authorities shall notify the reservist's employer/body of employment of that reservist's being called up for active duty.

 (3) The basic and additional compensation or part thereof, as well as the travel expenses of the reservist from his/her place of residence to the place of active duty and back shall be covered by the budget of the Ministry of Defense.

Article 38. (1) When a reservist has a contract to serve in a military unit designated to take part in operations or missions outside of the territory of Bulgaria, he/she may be called up for active duty to undergo training with a duration of up to 6 months.

 (2) During the year of the training as per (1), the reservist shall not be called up for active duty to undergo upgrading or re-training courses.

 (3) During the year of participation in an operation or mission, and for two years following the date of his/her return therefrom, the reservist shall not be called up for active duty to undergo upgrading or re-training courses.

Article 39. (1) The reservist shall report for active duty to participate in operations and missions within a military unit in accordance with the contract in place or an annex thereto.

 (2) The reservist shall be notified that he/she is to be called up for training for participation in an operation or mission not later than 6 months prior to the beginning of said operation or mission.

 (3) The period of preparagraphtion for participation in an operation or mission must not exceed 12 months.

 (4) The period as per (3) may only be extended or shortened with the reservist's prior consent in writing.

Article 40. (1) Reservists may be called up for active duty to replace a serviceman/woman who has been absent for more than 30 days, for a term not exceeding one year.

 (2) The replacement procedure shall be determined by the rules of implementation of this Act.

 (3) The funds for basic and additional compensation of reservists as per (1) shall be provided from the budget of the Ministry of Defense through the relevant military unit.

Article 41. (1) Reservists may be called up for active duty in order to temporarily fill vacant positions until a tenured staffer is appointed, in accordance with the list of vacancies, for a term not exceeding one year.

 (2) The procedure of such temporary appointment shall be determined by the rules of implementation of this Act.

 (3) The funds for basic and additional compensation of reservists as per (1) shall be provided from the budget of the Ministry of Defense through the relevant military unit.

Article 42. A reservist shall be appointed, re-appointed and dismissed in accordance with a procedure as per the rules of implementation of this Act.

Article 43. In case where, having been duly called up for active duty in accordance with the procedure provided hereunder, the reservist is prevented from reporting to the military unit, he/she shall, without delay, notify the enlistment authorities; if such failure to report to the unit is due to reasons attributable to the reservist, he/she shall owe an indemnity as provided under the contract.

Article 44. For the duration of active duty, the reservist shall be entitled to unpaid service leave from his/her employer/body of employment in accordance with Article 158 of the Labor Code, Article 62 (1), item 6, and (2) of the Civil Servant Act, or Article 332 (2) and (3) of the Judicial System Act.

Article 45. During active duty, the reservist may not be laid off from his/her employment or official position by the employer/body of employment.

Article 46. (1) The employer/body of employment with which the reservist holds a job/position shall be entitled to compensation by the government for the duration of the reservist's active duty.

 (2) The request/claim for compensation shall be addressed in writing within 30 calendar days following the termination of the reservist's active duty to the official who concluded the volunteer reserve service contract with the reservist.

 (3) The official who concluded the volunteer reserve service contract with the reservist shall rule on the request/claim for compensation within 30 calendar days from receipt thereof. Subject to a positive ruling, such compensation shall be paid by bank transfer within 14 days from the date of said ruling. The ruling of said official shall be final and non-negotiable.

 (4) An employer/body of employment which is the head of an organization supported from the national budget shall not be eligible for such compensation in cases where the reservist has served on active duty for less than 30 business days during the year.

 (5) The funds for the compensation as per (1) shall be covered by the budget of the Ministry of Defense.

 

Section V

Availability for active duty

Article 47 (1) The date of the reserve service contract shall count as the beginning of the period of the reservist's availability for active duty.

 (2) For each completed year of availability for active duty, the reservist shall receive compensation in the amount of one basic monthly salary in accordance with his/her assigned military rank and level as required for the position for which the contract was concluded.

 (3) A reservist who has assumed contractual responsibility to participate in peace-time missions and operations overseas shall receive, for each completed year of availability for active duty, compensation at the rate of 1+ times the basic monthly salary as per (2).

 (4) Compensations as per (2) and (3) shall be made payable during the month following the month of completion of the year of the reservist's availability for active duty.

Article 48. During the period of availability for active duty, the reservists shall be entitled to:

  1. advantage in their induction to military service or in their admission for training in military schools, all other conditions being equal;
  2. use of hospitals for completion of treatment, prolonged treatment and rehabilitation, and of the morale, welfare and recreation facilities of the Ministry of Defense as designated by an act of the minister of Defense.

Article 49. The period of availability for active duty shall not count as length of service or social security coverage.

 

Section VI

Training of reservists

 Training of the populace for defense of the homeland

Article 50. (1) Reservists may be trained individually and collectively for defense of the homeland.

 (2) Individual training is aimed at the acquisition of knowledge and skills necessary for performance of the functional duties of reserve service.

 (3) The individual training of reservists shall be delivered in specialized training centers, in training centers with higher military schools and military academies, as well as in the military units of the Armed Forces.

 (4) Collective training is aimed at attaining functional interoperability between military units of the Armed Forces.

 (5) Collective training shall be delivered in the military units of the Armed Forces where the reservists have signed a contract to serve in the volunteer reserve.

 (6) The planning, organization and delivery of individual and collective training of reservists shall take place subject to terms and procedure as determined by the rules of implementation of this Act.

Article 51. (1) Bulgarian citizens without any military or special training who have won a competition to join the Reserve as per Article 25 (2) shall be trained in specialized training centers, in training centers with higher military schools and military academies, as well as in the military units of the Armed Forces, to receive the necessary training.

 (2) Upon completion of the training courses as per (1), the graduates shall take the military oath.

 (3) The procedure of undergoing training as per (1) and taking the military oath shall be determined by the rules of implementation of this Act.

Article 52. (1) Reservists shall be called up for active duty to undergo training within military units of the armed forces not more than three times per calendar year, for no more than 15 calendar days altogether.

 (2) The funds for basic and additional compensation of reservists as per (1) shall be provided from the budget of the Ministry of Defense through the relevant military unit.

 (3) The enlistment authorities shall notify the employer/body of employment of the reservist whenever the reservist is called up for active duty as per (1).

Article 53. (1) Reservists may be called up for active duty to undergo training in qualification, upgrading and retraining courses not more than once every two calendar years, for a duration of no more than 30 calendar days total.

 (2) Not later than 60 calendar days prior to the commencement of the course, the enlistment authorities shall notify the reservist and his/her employer/body of employment of the time, place and duration of the course.

 (3) Reservists who have been called up for active duty in specialized training centers, in training centers with higher military schools and military academies, or in the military units of the Armed Forces, to undergo qualification, upgrading and retraining courses, shall be enrolled in the respective course by a written order of the relevant commander.

 (4) Upon completion of the training as per (1), the training course outcome shall be reported to the enlistment authorities and the reservist's military unit.

 (5) For active duty during the course of training the reservist shall receive basic monthly compensation in accordance with the military rank and level required for the position, or part of such compensation in proportion to the duration of the active duty multiplied by a quotient of 0.75.

Article 54. The reservist's travel expenses from his/her place of residence to the place of delivery of the training program or course and back shall be covered from the budget of the Ministry of Defense.

Article 55. Reservists who have successfully completed a training program or qualification or upgrading course shall be eligible for promotion to the next military rank or position subject to terms and a procedure as per the rules of implementation of this Act.

Article 56. (effective Sep. 1st, 2013, promulgated SG No. 20/2012) Citizens of the Republic of Bulgaria in 9th and 10th secondary school grade shall undergo training in homeland defense, military crisis survival skills and the mission and tasks of the Armed Forces.

 (2) The training as per (1) shall be delivered within 5 academic hours in 9th grade and 5 academic hours in 10th grade, designated for the purpose from the annual curriculum.

Article 57. (1) (effective Sep. 1st, 2013, promulgated SG No. 20/2012) Students in civilian schools of higher learning, military academies and higher military schools may benefit from courses in induction and/or specialized military training instituted by an order of the Minister of Defense in coordination with the relevant bodies of academic governance.

 (2) Courses as per (1) may be organized and delivered in the form of specialized courses and seminars, group and practical sessions, demo war games or internships.

 (3) Participation in the courses as per (1) shall be voluntary, whereby they shall be delivered by decision of the bodies of academic governance of the relevant school of higher learning or military academy; such decision shall also determine the number of participants. The subject matter of the courses as per (1) shall be determined by the Minister of Defense.

 (4) Persons who have successfully completed a course as per (1) shall take a military oath and shall be assigned a military rank subject to terms and a procedure determined by the rules of implementation of this Act, and shall be enlisted into the roster for military service.

Article 58. (effective Sep. 1st, 2013, promulgated SG No. 20/2012) (1) The content of the training as per Article 56, the manner and procedure of its delivery and the organization of training courses as per Article 57 shall be determined by an ordinance of the Council of Ministers as per Article 26 item 15a of the Republic of Bulgaria Defense and Armed Forces Act.

(2) The training as per Article 56 and Article 57 shall be funded from the budget of the Ministry of Defense.

Article 59. (effective Sep. 1st, 2013, promulgated SG No. 20/2012) (1) Bulgarian citizens without military training who are willing to undergo basic and/or specialized military training may enrol in a course organized by the Ministry of Defense, provided that they satisfy the following requirements:

  1. they must be citizens of the Republic of Bulgaria aged 18 or over and have no other citizenship;
  2. they must be able-bodied and mentally fit for military service;
  3. they must have no prior convictions of a premeditated criminal offense of general nature;
  4. they are not subject to criminal proceedings for a premeditated criminal offense of general nature;

 (2) The course announcement may determine other, specific requirements in addition to those referred to in (1).

 (3) Bulgarian citizens as per (1) shall be required to conclude training contracts, and are to be provided, for the duration of the training with:

  1. accommodation, food and uniform subject to terms and a procedure determined by an act of the Minister of Defense;
  2. free medical assistance;
  3. additional insurance against death and disability as a result of an accident in the course of training.

 (4) The training of Bulgarian citizens as per (1) shall be organized subject to terms and procedure as per the rules of implementation of this Act.

 (5) Persons who have successfully completed the induction and/or specialized military training course as per (1) shall take a military oath and be assigned a military rank subject to terms and procedure as per the rules of implementation of this Act, and shall be enlisted into the roster for military service.

 (6) The training as per (1) shall be funded from the budget of the Ministry of Defense.

 

Chapter Four

SERVICE IN THE MOBILIZATION RESERVE

Article 60. (1) The composition of the mobilization reserve shall comprise mobilization reservists and mobilization equipment.

 (2) Military units of the Armed Forces and the structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act may be complemented in time of war with mobilization reservists and mobilization equipment subject to the terms and procedure as per Article 128 (2) of the Republic of Bulgarian Defense and Armed Forces Act.

Article 61. (1) Mobilization reservists are persons who have not concluded a volunteer reserve service contract and satisfy one of the following conditions:

  1. they have served in the military;
  2. they have successfully completed a course in military training;
  3. they have terminated their employment contracts with structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act;
  4. they possess civilian qualifications necessary for military units of the Armed Forces or structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act .

 (2) Mobilization reservists shall be mobilized for duty by the enlistment authorities by means of a draft order addressed to them.

 (3) The maximum eligible age for service in the mobilization reserve shall be 63 years.

Article 62. Mobilization reservists shall be exempted from reserve duty in cases where they:

  1. have completed the maximum eligible age;
  2. are recognized as unfit for war-time service;
  3. are serving a sentence of imprisonment, or are being held in custody or under house arrest, for the duration of the imprisonment or detention measure;
  4. are being inducted for military service or for service with the structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act;
  5. are on pregnancy or maternity leave or on a leave for adoption or raising of a child;
  6. in the event of the mobilization reservist's death.

 

Chapter Five

PROVISION OF EQUIPMENT TO THE RESERVE

Article 63. Transport vehicles, tractors, engineering equipment, mobile hoisting equipment and other types of equipment shall be used for complementing military units of the Armed Forces.

Article 64. Equipment in the reserve cab no one of two kinds:

  1. reserve equipment supplied on contract; or
  2. mobilization equipment.

Article 65. (1) The reserve equipment shall be determined subject to a competitive procedure.

 (2) The terms and procedure for conducting the competitive procedure shall be determined by the rules of implementation of this Act.

 (3) The competitive procedure as per (1) shall be conducted by a commission appointed by the Minister of Defense or his/her designated representative.

Article 66. (1) The contract on the provision of reserve equipment shall be signed by the owners of said equipment and the Minister of Defense or his/her designated representative.

 (2) A copy of the contract shall be left for safekeeping with the owner, another one with the enlistment authorities, and a third with the military unit for whose needs the contract is concluded.

 (3) The procedure of conclusion, amendment or termination of the contract shall be determined by the rules of implementation of this Act.

Article 67. The contract on the provision of equipment shall also determine:

  1. the piece/s of equipment and the military unit/s for whose needs it it/they is/are provided.
  2. the rights and obligations of the parties to the contract, regarding:

 a) maintenance of the equipment in good running order and readiness for use;

 b) periodic provision to the owner of updated information regarding the technical condition of the equipment;

 c) payment for the time of active service of the equipment in the volunteer reserve and the time of availability;

 d) the technical condition of the equipment when returned to the owner.

  1. the call-up procedure, the location and time limit for delivery of the equipment;
  2. the indemnities provided under the contract for default attributable to either party;
  3. compensations for damages caused to the equipment as a result of its use in active service.

Article 68. All payments pertinent to the time of service in the volunteer reserve and any and all indemnities or compensations due to owners of equipment provided by contract for use in the reserve shall be covered by the budget of the Ministry of Defense.

Article 69. (1) The maximum term of the contract on provision of equipment to the reserve cannot exceed 5 years.

 (1) The term of validity of the contract on provision of reserve equipment may be extended by a period not exceeding the term as per (1), subject to a proposal by the owner of said equipment or by the Minister of Defense or his/her designated representative, made to the other party not later than three months prior to its expiry.

Article 70. The contract on provision of reserve equipment may be terminated ahead of term without notice, in the following cases:

  1. by mutual written consent between the parties;
  2. if the equipment has become unfit for use;
  3. in the event of default by one of the parties.

Article 71. (1) The contract on the provision of equipment may be terminated by a written notice by the owner of said equipment to the Minister of Defense or his/her authorized representative.

 (2) Such written notice must be served no less than three months prior to the effective date of the proposed contract termination, said three-month period commencing as from the day following the date of receipt of said notice. Such written notice may be withdrawn prior to its expiry with the consent of the Minister of Defense or his/her designated representative.

Article 72. (1) The contract on the provision of equipment may be terminated by a written notice by the Minister of Defense or his/her designated representative to the other party in the event of:

  1. a decision being adopted to reduce the reserve equipment;
  2. changes in the requirements regarding the equipment by order of the Minister of Defense.

 (2) Such written notice must be served no less than one month prior to the effective date of the proposed contract termination, said one-month period commencing as from the day following the date of receipt of said notice.

Article 73. The contract on the provision of equipment to military units of the Armed Forces shall be terminated by a written order issued by the Minister of Defense or his/her designated representative.

Article 74. The owner of the reserve equipment who is a party to a contract on the provision of equipment shall be entitled to reimbursement by the Ministry of Defense for:

  1. the cost of the annual technical check-up of the equipment;
  2. any additional costs pertinent to the mounting of special additions on the equipment upon its delivery.

Article 75. (1) The enlistment authorities shall determine the types of mobilization equipment necessary for complementing war-time units of the Armed Forces, and issue a mobilization assignment to such equipment by serving a draft order to its owners.

 (2) Upon declaration of martial law or a state of war, the owner of the mobilization equipment shall be notified and instructed to deliver such equipment in accordance with the draft order.

 (3) In the event that the mobilization equipment is delivered together with its operators, those persons shall acquire the status of mobilization reservists and shall be obligated to accompany and operate such equipment once it is called up in accordance with the ordinance as per Article 4 (3).

Article 76. The authorities responsible for keeping the military roster shall organize and conduct an inspection of the operational readiness of the reserve and mobilization equipment in accordance with the ordinance as per Article 4 (3).

 

Chapter Six

MILITARY ROSTER

 

Section I

Keeping of the military roster

Article 77. (1) The roster of Bulgarian citizens and equipment eligible for military service shall be kept by the enlistment authorities.

 (2) The military roster of Bulgarian citizens shall be kept in accordance with their permanent address, and that of equipment, in accordance with the address of its owner.

Article 78. A military roster shall be kept of:

  1. reservists and reserve equipment;
  2. mobilization reservists and mobilization equipment;
  3. Bulgarian citizens possessing professional skills and qualifications necessary for military units of the Armed Forces as defined in accordance with the ordinance as per Article 4 (3).
  4. Servicemen/women discharged from military service or having terminated their contracts with the structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act;

Article 79. The maximum eligible age for persons to be enlisted in the roster as per Article 78 shall be 63 years.

Article 80. Bulgarian citizens shall be freed from their obligations pertinent to the military roster where:

  1. they have completed the maximum eligible age for being enlisted in the military roster;
  2. they have become unfit for wartime service, certifiable in accordance with an act of the Minister of Defense as per Article 141 (2) of the Republic of Bulgaria Defense and Armed Forces Act;
  3. they have been inducted into military service;
  4. they have entered into an employment or service contract with a structure as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act;
  5. they have been relieved or stripped of their Bulgarian citizenship;
  6. in the event of their death.

Article 81. (1) Bulgarian citizens as per Article 78 shall be enlisted in the military roster ex officio, by the enlistment authorities in accordance with a procedure as per Article 4 (3).

 (2) The registration data as per (1) shall contain the full name, unified civil code (UCC) of the person, his/her permanent and current address, place of work and citizenship.

 (3) The municipal administration shall, upon request by the enlistment authorities, submit in respect of persons as per (1) data regarding any changes of their names, PIN, permanent or current address, or citizenship.

 (4) Data regarding professions or qualifications of persons as per (1) shall be supplied by the relevant schools on request by the enlistment authorities.

 (5) In fulfillment of their obligations as per (1) and (2), the enlistment authorities shall be entitled to free access to the personal data of reservists and mobilization reservists, as contained in the National Population Data Base maintained by the Ministry of Regional Development and Public Works.

 (6) The information as per (3) and (4) shall be provided free of charge.

Article 82. (1) Subject to ex officio enlistment in the military roster is usable any equipment as may be necessary to military units of the Armed Forces or structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act.

(2) The enlistment of equipment into, and its deletion from, the military roster is done ex officio.

 (3) The data necessary for enlistment of equipment into, and its deletion from, the military roster shall be supplied to the enlistment authorities by the structures of ministries and government agencies responsible for the registration and supervision of such equipment.

 (4) The information as per (3) shall be supplied free of charge.

Article 83. (1) For the needs of the military roster, the enlistment authorities shall set up and maintain separagraphte registers for the personnel and equipment of:

  1. the volunteer reserve;
  2. the mobilization reserve.

 (2) The persons and equipment as per (1) shall be issued with reservist papers.

 (3) The procedure of issuance, keeping and storage of military rosters and reservist papers shall be determined by the ordinance as per Article 4 (3).

Article 84. To ensure the wartime functioning of the country, the call-up of mobilization reservists and mobilization equipment into the Armed Forces may be deferred subject to terms and a procedure as determined by an act of the Council of Ministers.

 

Section II

Obligations arising from the military roster

Article 85. A reservist shall:

  1. keep and protect from loss or damage his/her reservist papers;
  2. when summoned for an interview, report in person to the enlistment authorities where he/she is enlisted;
  3. in the event of loss/theft of his/her reservist papers, report within 7 days from becoming aware of the event to the enlistment authorities for the issuance of new ones;
  4. in case of change of his/her permanent or current address, report within 7 days from such change becoming effective to the enlistment authorities where he/she is enlisted;
  5. in case of traveling overseas, not later than 7 days prior to his/her departure and following his/her return, notify the enlistment authorities where he/she is enlisted;
  6. In case of any permanent change in his/her physical condition as may render impossible the performance of his/her duties, notify within one month form the occurrence of such change the enlistment authorities and submit a medical certificate issued in accordance with the established Bulgarian procedure.
  7. notify the enlistment authorities of any change as may have occurred in his/her employment status, not later than 30 days from its occurrence.

Article 86. Persons discharged from military service or officers having terminated their contracts with the structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act, who have not completed the maximum eligible age for being enlisted into the military roster, shall, within 14 days from their discharge, to report to the enlistment authorities at their permanent address in order to be enlisted therein.

Article 87. A mobilization reservist with a mobilization assignment shall:

  1. when called up, report in due course to the location as per the draft order;
  2. notify the enlistment authorities in the event of a permanent change in his/her physical condition as would render him/her unfit for military service, within three months from the occurrence of such change;
  3. in case of traveling overseas, not later than 3 days prior to his/her departure and 30 days following his/her return, notify the enlistment authorities where he/she is enlisted;
  4. when summoned, report to the enlistment authorities where he/she is enlisted;
  5. in case of change of his/her permanent or current address, report within 30 days from such change becoming effective to the enlistment authorities where he/she is enlisted.

Article 88. A mobilization reservist without a mobilization assignment shall:

  1. notify the enlistment authorities in the event of a change in his/her physical condition as would render him/her unfit for wartime service;
  2. when summoned, report to the enlistment authorities where he/she is enlisted.

Article 89. The owner of the reserve equipment shall:

  1. notify the enlistment authorities of any changes in the ownership, registration or domicile of each piece of equipment within 30 days from said change coming into effect;
  2. notify, within 30 days, the enlistment authorities of any changes in the technical condition of the equipment as would render it unfit for its intended use;
  3. when summoned, report to the enlistment authorities where he/she is enlisted;
  4. in cases where a piece of equipment leaves the country for periods of over 6 months, report not later than 3 days prior to its departure and 30 days following its return, to the enlistment authorities where he/she is enlisted;
  5. ensure proper conditions for inspection of the reserve equipment's readiness for delivery.

Article 90. The owner of mobilization equipment with a mobilization assignment shall:

  1. when called up, deliver such equipment, in good running order, in due course to the location specified as per the draft order;
  2. notify the enlistment authorities of any changes in the ownership, registration or domicile of each piece of equipment within 30 days from said change coming into effect;
  3. in cases where he/she leaves the country for periods of over 6 months, notify not later than 3 days prior to his/her departure the enlistment authorities where he/she is enlisted;
  4. notify, within 30 days, the enlistment authorities of any changes in the technical condition of the equipment as would render it unfit for its intended use;
  5. ensure proper conditions for inspection of the mobilization equipment's readiness for delivery.

Article 91. The owner of mobilization equipment without a mobilization assignment shall, when summoned, report to the enlistment authorities.

Article 92. The Minister of Justice shall notify the Minister of Defense of any persons having acquired, or been relieved or stripped of, their Bulgarian citizenship within 30 days from the date of this coming into effect.

Article 93. The Central Recruitment Office shall collect a fee at a rate determined by a tariff of the Council of Ministers for the issuance of reservist papers, for the provision of data or queries and reports from the information databases, except in cases where such services are provided free of charge in accordance with a law or a piece of secondary legislation. Proceeds from such fees shall be remitted to the budget of the Ministry of Defense.

 

Chapter Seven

ADMINISTRATIVE AND PENAL PROVISIONS

Article 94. An official who fails to fulfill an obligation imposed upon him/her by force of this Act shall be liable for a fine of BGN 270 to BGN 1,800.

Article 95. A reservist who fails to fulfill an obligation imposed upon him/her by force of this Act shall be liable for a fine of BGN 270 to BGN 1,000.

Article 96. (1) The owner of mobilization equipment who fails to fulfill an obligation imposed upon him/her by force of this Act shall be liable for a fine of BGN 270 to BGN 1,500.

 (2) Where the violation as per (1) is committed by a legal entity, it shall be liable to a pecuniary sanction with a cash equivalent of BGN 500 to BGN 2,000.

Article 97. Loss of destruction of a reservist's papers shall result in the holder being liable to a fine of BGN 20 to BGN 50.

Article 98. (1) Breaches of this Act are evidenced by violation reports, to be drawn up by officials authorized to that end by the Chief of the Central Recruitment Office.

 (2) Sanctions are imposed by the Chief of the Central Recruitment Office or officials authorized by the latter, other than the persons as per (1).

 (3) The drawing up of such violation reports, and the issuance, appeal and execution of sanctions shall be effected in accordance with the Administrative Violations and Sanctions Act.

Article 99. Proceeds from sanctions imposed shall be remitted to the budget of the Ministry of Defense.

 

ADDITIONAL PROVISION

§ 1. For the purposes of this Act, a "mobilization assignment" shall mean:

  1. the defined position which the mobilization reservist is to take up in accordance with the war-time staffing tables, as indicated in the draft order;
  2. the designated mobilization equipment necessary to complement the military units of the Armed Forces and the structures as per Article 50 (2) of the Republic of Bulgaria Defense and Armed Forces Act in accordance with the wartime staffing tables, as indicated in the draft order.

 

TRANSITIONAL AND FINAL PROVISIONS

 

§ 2. Within 6 months from the entry into force of this Act, the Council of Ministers shall adopt the rules of its implementation and the secondary legislation as provided herein.

§ 3. Within 6 months from the date of adoption of the secondary legislation as per §2, the Minister of Defense shall instruct the enlistment authorities to bring the structure, organization, training and roster of the Reserve, as well as the military rosters of Bulgarian citizens, in line with the provisions of this Act.

§ 4. (1) Persons who have been assigned military ranks shall keep those after being discharged from military or reservist service.

 (2) The correspondence between the categories of officers as per the Ministry of Interior Act and the ranks of officers of the State Agency for National Security (Res.), on the one hand, and the ranks of military personnel as per the Republic of Bulgaria Defense and Armed Forces Act, on the other, shall be governed by an act of the Council of Ministers subject to a proposal by the Minister of Interior and the Chairman of the State Agency for National Security, in coordination with the Minister of Defense.

§ 5. The following amendments and supplements are introduced into the Republic of Bulgaria Defense and Armed Forces Act (promulgated in State Gazette, No. 35/2009; amended No.No. 74, 82, 93 and 99/2009, No. No. 16, 88, 98 and 101/2010, No.No. 23, 48, 99 and 100/2011)

 1. In Article 13 (3), item 3, the following shall be added at the end of the sentence: "and as per the Armed Forces of the Republic of Bulgaria Reserves Act".

 2. In Article 27, item 9 shall be repealed.

 3. In Article 43 (2):

a) items 1 and 2 shall be amended as follows:

 "1. assist the bodies of the Ministry of Defense in keeping the military roster and in the summoning, call-up, dispatch and delivery of mobilization reservists and equipment";

 "2. provide premises and administrative support for the operation of the bodies of the Ministry of Defense responsible for the military roster;".

 b) a new item 8 shall be inserted as follows:

 "8. prepare, on an annual basis, proposals to the Minister of Defense for training of senior staff and officers on matters of the Reserves."

 4. In Article 44:

a) in paragraph (2), immediately following the words "heads of directorates in the regional administration', the following shall be added; "the head of the regional directorate of the Ministry of Interior, the head of the territorial directorate of the State Agency for National Security, the head of the territorial branch of the Central Recruitment Office", followed by a comma;

 b) In paragraph (3), following the words "Security and Defence Mobilisation unit', a comma shall be placed and the following added: "a representative of the territorial branch of the Central Recruitment Office'.

 5. In Article 45 (14), item 1, the words "in notifying, sending and supplying reservists and equipment with mobilisation purposes" shall be replaced with "responsible for the military roster in calling up, dispatch and supply of mobilization reservists and equipment'.

 6. In Article 50, paragraph (1), new items 10 and 11 shall be inserted as follows:

 "10. The Central Recruitment Office;"

 "11. The Central Artillery Technical Testing Ground."

 7. In Article 60f, the word "reserve' shall be replaced with "volunteer reserve".

 8. In Article 70 paragraph (1), the word "permanent" shall be replaced with "volunteer".

 9. In Article 78, following the words "National Museum of Military History", a comma shall be placed and the following added: "Central Recruitment Office".

 10. Article 116 shall be amended as follows:

 "Article 116. (1) The date and time of declaration of a state of war shall mark the beginning of the war-time service of:

 1. servicemen/women and officers of the structures as per Article 50 (2);

 2. reservists on active duty in the Armed Forces;

 3. cadets.

 (2) Reservists available for active duty and mobilization reservists shall be considered to be in war-time service from the moment of being called up by the enlistment authorities.

 (3) For persons who have not taken a military oath, their military service shall commence from the moment of taking the oath.

 (4) For the duration of their war-time service, the servicemen/women, reservists, mobilization reservists or their families cannot be evicted from their homes. The execution of eviction orders issued against them by a court of law shall be suspended until the expiry of the term of their military service."

 11. In Article 226l, paragraph (1), following the word "reservists", the words "mobilization reservists" shall be inserted and a comma placed thereafter.

 12. Chapter Eight: "Reserve of the Armed Forces. Military Registration of Citizens' shall be repealed.

 13. In Article 327, paragraph (6) shall be amended as follows:

 "(6) Representatives of the Military Police Service shall be included in the commissions to review bids in competitive procedures for the award of public procurement contracts as per Article 13 (1), items 1 and 2 of the Public Procurement Act, subject to a proposal by the Director of said Service."

 14. In § 1 of the Additional Provision:

a) in item 1c, following the words "National Intelligence service", a comma shall be placed and the words "National Protection Service" shall be replaced by "National Protection Service, the military tribunals and prosecutors";

 b) in item 4, the words "in the reserve" shall be replaced by "in war time".

 15. Paragraph 10 of the Transitional and Final Provisions shall be repealed.

§ 6. The following amendments and supplements shall be made in the War Invalids and Victims Act (promulgated in State Gazette, No. 27/2005; amended, No. 88/2005, No. 110/2008, No. 35/2009, No. 16/2010 and No. 23/2011):

 1. In Article 3 paragraph (1), following the words "permanent reserve", the following shall be added: "the volunteer reserve and the mobilization reserve", followed by a comma.

 2. In Article 4, item 1, following the word "reserve", a comma shall be placed and the following added: "the volunteer reserve or the mobilization reserve'.

§ 7.§ 7. The Civil Servant Act (promulgated in State Gazette, No. 67/1999; amended, No. 1/2000, No. 25, 99 and 110/2001, No. 45/2002, No. 95/2003, No. 70/2004, No. 19/2005, No. 24, 30 and 102/2006, No. 59 and 64/2007, No. 43, 94 and 108/2008, No. 35, 42, 74 and 103/2009, No. 15, 46, 58 and 77/2010; Decision No. 12 of the Constitutional Court, 2010 - SG No. 91/2010; amended, No. 97/2010, No. 1, 18 and 100/2011 and No. 15/2012):

 "6. When called up for active duty in the volunteer reserve, for the duration of such active duty, including the days of travel there and back; if such active duty would last more than 15 calendar days, the civil servant shall be entitled to two calendar days of unpaid leave prior to departure and two days after return."

§ 8. The following amendments shall be made in the Judicial System Act (promulgated in State Gazette, No. 64/2007, amended, No. 69 and 109/2008, No. 25, 33, 42, 102 and 103/2009, No. 59/2010, No. 1, 23, 32, 45, 81 and 82/2011; Decision No. 10 of the Constitutional court, 2011 - SG No. 93/2011):

 1. Article 214 shall be repealed.

 2. Article 332 (2) shall be amended as follows:

 "(2) A judge, prosecutor, investigating magistrate, state bailiff or a recordation judge shall be entitled to unpaid leave when called up for active duty in the volunteer reserve, for the duration of such active duty, including the days of travel there and back; if such active duty would last more than 15 calendar days, the civil servant shall be entitled to two calendar days of unpaid leave prior to departure and two days after return."

§ 9. Article 158 of the Labor Code (promulgated in State Gazette, No. 26 and 27/1986; amended, No. 6/1988, No. 21, 30 and 94/1990, No. 27, 32 and 104/1991, No. 23, 26, 88 and 100/1992; Decision No. 12 of the Constitutional Court, 1995 - SG No. 69/1995; amended, SG No. 87/1995, No. 2, 12 and 28/1996, No. 124/1997, No. 22/1998; Decision No. 11 of the Constitutional Court, 1998 - SG No. 52/1998; amended, SG No. 56, 83, 108 and 133/1998, No. 51, 67 and 110/1999,, No. 25/2001, No. 1, 105 and 120/2002, No. 18, 86 and 95/2003, No. 52/2004, No. 19, 27, 46, 76, 83 and 105/2005, No. 24, 30, 48, 57, 68, 75, 102 and 105/2006, No. 40, 46, 59, 64 and 104/2007, No. 43, 94, 108 and 109/2008, No. 35, 41 and 103/2009, No. 15, 46, 58 and 77/2010; Decision No. 12 of the Constitutional Court, 2010 - SG No. 91/2010; amended, No. 100 and 101/2010, No. 18, 33, 61 and 82/2011 and No. 7 and 15/2012) shall be amended as follows:

 "Leave of absence during active duty in the volunteer reserve

Article 158. (1) When called up for active duty in the volunteer reserve, an employee shall be considered to be on unpaid service leave for the duration of the event/duty, including the days of travel there and back.

 (2) Should such active duty in the volunteer reserve continue for more than 15 calendar days, the employee shall be entitled to two calendar days of unpaid leave prior to departure and upon return.

 (3) Fort the duration of the leave as per (2), the employee shall receive compensation from the budget of the Ministry of Defense."

§ 10. The Criminal Procedure Code (promulgated in State Gazette, No. 86/2005; amended, No. 46 and 109/2007, No. 69 and 109/2008, No. 12, 27, 32 and 33/2009, No. 15, 32 and 101/2010, No. 13, 33, 60, 61 and 93/2011; Decision No. 10 of the Constitutional Court, 2011 - SG, No. 93/2011) shall be amended as follows:

 "4. reservists on active duty in the volunteer reserve and persons on war-time duty;".

§ 11. The following amendments and supplements shall be made in the Penal Code (promulgated in State Gazette, No. 26/1968; amended, No. 29/1968; amended, No. 92/1969, No. 26 and 27/1973, No. 89/1974, No. 95/1975, No. 3/1977, No. 54/1978, No. 89/1979, No. 28/1982; corr., No. 31/1982; amended, No. 44/1984, No. 41 and 79/1985; corr., No. 80/1985; amended, No. 89/1986; corr., No. 90/1986; amended, No. 37, 91 and 99/1989, No. 10, 31 and 81/1990, No. 1 and 86/1991; corr., No. 90/1991; amended, No. 105/1991, No. 54/1992, No. 10/1993, No. 50/1995; Decision No. 19 of the Constitutional Court, 1995 - SG No. 97/1995; amended, No. 102/1995, No. 107/1996, No. 62 and 85/1997; Decision No.19 of the Constitutional Court,1997 - SG No. 120/1997; amended, No.. 83, 85, 132, 133 and 153/1998, No. 7, 51 and 81/1999, No. 21 and 51/2000; Decision No 14 of the Constitutional Court, 2000 - SG No. 98/2000; amended, No. 41 and 101/2001, No. 45 and 92/2002, No. 26 and 103/2004, No. 24, 43, 76, 86 and 88/2005, No. 59, 75 and 102/2006, No. 38, 57, 64, 85, 89 and 94/2007, No. 19, 67 and 102/2008, No. 12, 23, 27, 32, 47, 80, 93 and 102/2009, No. 26 and 32/2010, No. 33 and 60/2011):

 1. In Article 361, paragraph (2) shall be repealed.

 2. In Article 366, the words "people, animals, transport vehicles and other equipment" shall be replaced with "Bulgarian citizens and equipment".

 3. In Article 368, following the word "reservists", the words "mobilization reservists" shall be added, and the words "during an inspection of technical equipment and transport vehicles or of animals and equipment" shall be replaced by "during an inspection of the equipment'.

 4. In Article 371, item "d" shall be amended as follows:

 "d) reservists in active duty in the volunteer reserve and persons in war-time service;'.

§ 12. This Act shall enter into force three months following its promulgation in State Gazette, with the exception of Arts. 56, 57, 58 и 59, which shall enter into force as from September 1st, 2013.

Adopted by the 41st National Assembly on February 13th, 2012, stamped with the official Seal of the National Assembly.

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