Amended SG No

REPUBLIC OF BULGARIA NATIONAL ASSEMBLY POLITICAL PARTIES ACT Promulgated State Gazette No. 29/10.04.1990 Amended SG No. 87/1990 & 59/1996 Chapter One ...
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REPUBLIC OF BULGARIA NATIONAL ASSEMBLY POLITICAL PARTIES ACT Promulgated State Gazette No. 29/10.04.1990 Amended SG No. 87/1990 & 59/1996 Chapter One General provisions Article 1 (1) The citizens may freely associate into political parties so as to promote the shaping and expression of the political will of the people through elections or in another democratic way. (2) The political parties shall use democratic means and methods in the pursuance of their goals. (3) Other organizations and movements may also engage in political activities provided the latter develop within the framework of the Constitution and the existing legislation of the country. Article 2 The political parties shall pursue their activities within the framework of the Constitution and the existing legislation of the country and in compliance with their Statute. Article 3 (1) The establishment and activities of the political parties are open. (2) A political party may not be established when: 1. its activities are aimed against the sovereignty or territorial integrity of the country and the unity of the nation, against the rights and the freedoms of the citizens; 2. its goals run contrary to the Constitution and the legislation of the country; 3. it is based on a confessional or an ethnic principle or purports to fan up racial, national, ethnic and religious enmity; 4. it proclaims a fascist ideology or is striving to achieve its goals through violence or other legally impermissible means.

(3) Militarized or clandestine groups or organizations may not be established within or at the political parties. Article 4 The affiliation or non-affiliation to a political party , as well as the termination of membership in a political party shall not create advantages or limitations to the rights of the citizens. Article 5 The political parties shall pursue their activities in the country in the Bulgarian language. Chapter Two Establishment, Rights and Obligations of the Political Parties Article 6 A political party may be established by Bulgarian citizens with voting rights. Article 7 A political party shall be established at a constituent assembly by the agreement of at least 50 citizens with voting rights. The constituent assembly shall adopt a Statute and shall elect the party leadership bodies. Article 8 (1) The Statute of the political party shall determine: the name of the party which distinguishes it from the other parties; the seat of the party; its program objectives and tasks; the procedure of application for membership and of termination of membership in the party; the rights and obligations of the members; the leadership bodies of the party; the symbols of the party; the sources of financial support, as well as the procedure and conditions for the dissolution of the political party. (2) The political party may not use in its symbols the national state emblem and flag of the Republic of Bulgaria or of foreign states, as well as religious symbols and images. Article 9 (1) The political party shall be entered in a special register by the Sofia City Court, upon a written application submitted by that body of the party which represents it according to the party Statute. (2) The application shall be supplemented with copies of the protocol of the constituent assembly, the party Statute and the list of the names and addresses

of the party members elected on the leading body which represents it according to its Statute. (3) The Court shall consider the application within seven days of its submission, at an open session, according to the procedure of the Civil Code of Practice, in the presence of a public prosecutor. (4) The refusal of the Court to register the political party may be appealed to the Supreme Court according to general procedure. Article 10 The registration shall comprise: the name, the seat, the Statute of the party, the names of the members on the leading body of the party, as well as the changes which may have taken place in them, and shall provide specimens of the signatures of the persons who represent it according to Statute. The registration shall be carried out under the conditions and according to the procedure specified by the Civil Code of Practice. Article 11 The Court's ruling on registration of the political party shall be promulgated in The State Gazette within seven days, upon which it shall acquire the status of a legal entity. Article 12 (1) The political parties may not establish their own organizations at the enterprises, offices and other organizations, or interfere in their management and activity. (2) The political parties may not establish childrens' or minors' organizations. (3) The parties may establish their own organizations, clubs and other associations on the grounds of professional and other interests, on a territorial principle and by place of residence. Article 12a Government officials may not use their official standing in the pursuit of activities in favour or to the detriment of any political parties or organizations, movements or coalitions with political purposes, as well as engage in political activities at their place of work. Article 13 (1) A public organization which is not registered as a political party may not engage in the activities of a political party.

(2) A trade-union or other public organization which is not registered as a political party may not engage in organized political activity at the enterprises, offices and organizations. (3) Organized political activity shall be understood as organization of meetings, demonstrations, rallies and other forms of public campaigning in support or to the detriment of the political parties and of candidates running elections. (4) If a trade-union or other public organization, as specified in the above Paragraphs, unquestionably engages in the activities of a political party, the district prosecutor shall suggest its dissolution or registering as a political party within one month. (5) If the organization, as specified in the above Paragraph, does not terminate its political activities or does not register itself as a political party within one month, it shall be dissolved at the demand of the Chief Posecutor in accordance with the provisions of Article 22. Article 14 (1) The servicemen in the Armed Forces and in the military detachments of the other departments, the officers, sergeants and rank-and-file of the Ministry of the Interior, the Security Service, the National Intelligence Service, the prosecutors and magistrates, the employees of the Ministry of Foreign Affairs, as well as the staff of the Presidency of the Republic may not hold membership in political parties or organizations, movements or coalitions with political purposes. (2) When applying for work in the said departments, as specified in the above clause, the applicants shall submit a declaration that they do not hold membership in any political parties or organizations, movements or coalitions with political purposes. (3) The membership in the political parties or organizations, movements or coalitions with political purposes of persons under conscription shall be suspended for the term of their service. Article 15 (1) All political parties have equal rights for participation in the political life. (2) The State shall render assistance under equal conditions and procedure to the political parties in placing at their disposal premises and other material means for the pursuit of their activities. Article 16 The political party may nominate candidates for Members of Parliament, councillors, mayors and other elective government posts throughout the country, with the

exception of judges, and may organize meetings, rallies and demonstrations in compliance with its Statute and with the national legislation. Chapter Three Property of the Political Parties Article 17 (1) Sources of financial support to the parties may be: 1. initial and regular membership dues; 2. donations and testaments; 3. income from business activity; 4. subsidies from the state budget. (2) The political parties may not receive aid, donations and testaments from foreign states and organizations, as well as from anonymous sources. They may receive donations from foreign citizens up to 500 US dollars, when donated by single persons, and up to 2000 US dollars, when donated by a group of persons. No more than one donation may be received from the same person or the same group of persons within a calendar year. (3) The political parties may not be financed by enterprises, offices and organizations. (4) The money and property received in violation of Clauses 2 and 3 shall be confiscated in favour of the State. Article 18 The State may subsidize the political parties in the elections for representative bodies, as well as their activity, depending on the number of their Members of Parliament and within the limits of means allotted for this purpose in the state budget. Article 19 The political party may bring out its own publications and may engage in publishing activities. Article 20 (Repealed, SG No. 59/1996). Article 21 (1) The financial activities of the political parties are open.

(2) The control of legitimacy of the acquisition and management of property of the parties shall be carried out by a permanent parliamentary and public body with the National Assembly. Every year by the end of March the parties shall submit a report to an experts commission on the size and sources of their incomes and outlays during the previous year, which shall be published in The State Gazette. Such a report shall be also submitted no later than two weeks prior to the elections. Chapter Four Dissolution of the Political Parties Article 22 (1) The political party shall be dissolved when: 1. merging with or joining another party; 2. splitting into two or more parties; 3. self-dissolving according to its Statute; 4. at a ruling of the Supreme Court. (2) The decision on the dissolution of a political party shall be registered with the Sofia City Court and published in The State Gazette. Article 23 (1) The dissolution of a political party under Article 22, Para. 4, shall be effected in accordance with a procedure specified in the Civil Code of Practice, at the suggestion of the Chief Prosecutor, when the party is engaged in activities violating Article 3. (2) The ruling of the Supreme Court on the dissolution of a party may be appealed to the General Assembly of the College of Attorneys according to the general procedure. The decision of the General Assembly is no subject to appeal on the grounds of the rule of law. Article 24 (1) When a party is dissolved under Article 22, Paras. 1-3, the respective body determines the procedure for the disposition of its property. (2) When a party is dissolved under Article 22, Para. 4, its property is confiscated in favour of the State. The State shall be held liable for the debts of the dissolved party up to the value of the property received. ADDITIONAL PROVISIONS

§ 1. The organizations, movements and associations with political purposes explicitly stated in their Statute and programme shall be subject to the interdictions and obligations stated under Articles 3; 4; 5; 8, Para. 2; 12; 17, Paras. 2 and 3, as well as to the guarantees and rights under Articles 15,18,19,20 and § 4 of this Act. § 2. Within the meaning of this Act "minors" are persons under 16 years of age. § 3. The provision under Article 14, Para. 1, shall not be applied to the persons elected as Members of Parliament or of the Council of Ministers. TRANSITIONAL AND CONCLUDING PROVISIONS § 4. (1) Within one month of the entry into force of this Act, the persons under the provisions of Article 14, Para. 1, shall declare in writing that they do not hold membership in any political party or organization, movement or coalition with political purposes. (2) The persons under the provisions of Article 14, Para. 1, with the exception of servicemen under conscription who have failed within one month of the entry into force of this Act to terminate their membership in the respective political party or organization, movement or coalition, shall be discharged in compliance with the respective procedure. They shall become subject to the provisions of Decree No 57 of the Council of Ministers of December 5, 1989 and Decree No 102 of October 4, 1990. § 5. The provisions under Article 14 of this Act shall not be applied to the other offices, enterprises and organizations pending the adoption of a Government Officials Act. § 6. If any organizations and movements, which are not parties, are willing to nominate their candidates for the elections for the National Assembly, municipal councils and other elective bodies, or to take part in election coalitions, they shall register for participation in the elections under the procedure envisaged for the parties. In such a case, they shall be subject to the provisions of the Political Parties Act. § 7 (1) Within one year of the entry into force of this Act the political parties may receive from foreign nonprofit legal entities donations in technical equipment or their monetary equivalence, which they will need for the conduct of their activities. (2) When the donations under the provisions of the previous paragraph are in their monetary equivalence, they shall be transferred into a distinct foreign currency account of the respective political party in the Bulgarian Foreign Trade Bank.

§ 8. The organizations and political parties at the enterprises, offices and organizations shall terminate their activities within one month of the entry into force of this Act. § 9. The registration of a political party prior to coming of this Act into effect shall remain effective after registering ex officio under Article 9. In such a case the political party shall submit its Statute and a list of the names and addresses of the members elected on the leading body which represents it. § 10. This Act shall enter into force as of the date of its promulgation in The State Gazette. § 11. The enforcement of this Act is entrusted to the President of the Republic. This Act was submitted to a vote and duly adopted by the Ninth National Assembly at its 16th session, 5th sitting, held on April 3, 1990, and the State Seal was affixed hereto. Chairman of the National Assembly: Stanko Todorov The amendments and adjustments have been introduced with the Amendment and Adjustment Act to the Political Parties Act, which was submitted to a vote and duly adopted by the Grand National Assembly on October 24, 1990 and the State Seal was affixed hereto. Chairman of the Grand National Assembly: Nikolai Todorov