SOCIALIST STATE IN BULGARIA: ADMINISTRATIVE SURVEY

The Constitution

Bulgaria was formerly a monarchy, but on  15 September 1946, King Simeon was deposed and Bulgaria was declared a Republic. The Constitution of 1947 was replaced by a new Constitution adopted by a referendum held on 16 May 1971 and proclaimed by the Fifth National Assembly. The following are its salient features:

The People's Republic of Bulgaria /PRB/ is a socialist state of the working people of towns and villages, headed by the working class. The Bulgarian Communist Party is the leading force in society and in the State. It guides the construction of a developed socialist society in the country in close fraternal co-operation with the Bulgarian Agrarian Union.

The State serves the people. It defends their interests and socialist acquisitions; directs the country's socio-economic development according to a plan; creates conditions for the constant improvement of the welfare, education and health services of the people, as well as for the all-round development of science and culture; ensures the free development of man, guarantees his rights and protects his dignity; organizes the defence of national independence, state sovereignty and the country's territorial integrity; develops and consolidates the friendships, co-operation and mutual assistance with the Union of the Soviet Socialist Republics and the other socialist countries; conducts a policy of peace and understanding with all countries and people.

In the PRB all power comes from the people and belongs to the people. It is realized by the people through the freely elected representative organs - the National Assembly and People's Councils - or directly. The representative organs are elected on the basis of a general, equal and direct right to vote by secret ballot. All citizens of the PRB who are 18 years of age, irrespective of sex, nationality, race, religion, education, profession, official, public or property status, excluding those under restraint, are eligible to vote and to be elected.

The PRB is governed strictly in accordance with the Constitution and the country's laws. It belongs to the world socialist community, which is one of the main conditions for its independence and all-round development.

Social-Economic Organization

The economic system of the PRB is socialist. It is based on public ownership of the means of production. The forms of ownership are: state (all people's) ownership, co-operative ownership, ownership of public organizations, and personal ownership.

Plants and factories, banks, underground resources, the natural sources of power, nuclear energy, forests, pasture land, roads, railway, water and air transport, posts, telegraphs, telephones, the radio and television are state (all people's) property.

Co-operative property belongs to collective bodies of working people who have united of their own free will for the joint carrying out of economic activity, to co-operative unions and inter co-operative organizations. The State fosters and aids the activity of co-operatives and co-operative farms.

The property of public organizations serves for achieving their goals, including the realization of the activities entrusted to them by state organs, and for meeting public interests.

The citizens of the PRB have the right of personal ownership on real and movable property to meet personal needs and those of the family. The State protects the personal property, including savings acquired by work or in some other lawful manner. Citizens cannot exercise their rights of personal ownership and their other property rights to the detriment of the public interest. The right to inherit is recognized and guaranteed.

The State directs the national economy and the other spheres of public life on the basis of unified plans for social-economic development. Foreign trade is the exclusive right of the State. Labour is a fundamental social-economic factor. The socialist principle, "From everyone according to the abilities, to everyone according to his work", is applied in the PRB. The protection of labour is dealt with by the law.

The National Assembly

The National Assembly is the supreme representative organ which expresses the will of the people and their sovereignty. As a supreme organ of state power it combines the legislative and executive activities of the State and exercises supreme control. The term of its mandate is 5 years. It is composed of 400 people's representatives who are elected in constituencies with an equal number of inhabitants. The people's representatives are responsible and account to their electorate. They may be recalled before the expiry of the term for which they have been elected. Their recall is effected by decision of the electorate in a manner laid down by law. It is convened to sessions by the State Council at least three times a year.

The National Assembly is the only legislative organ of the PRB and the supreme organizer of the planned management of social development. It realizes the supreme leadership of the home and foreign policy of the State; approves and amends the Constitution; determines which questions and in what manner should be decided by referendum; passes, amends and revokes laws; passes the unified plans for the social-economic development of the country and the reports for their fulfillment and the State budget and the report of the Government for its realization the preceding year; establishes taxes and fixes their rate; grants amnesty; decides the questions of declaring war and concluding peace; appoints and relieves of his duties the Commander-in-Chief of the Armed Forces; may set up state-public organs with the status of ministries; elects and relieves of their duties the State Council, the Council of Ministers, the Supreme Court and the Chief Prosecutor of the People's Republic; passes laws, decisions, declarations and appeals.

Legislative initiative belongs to the State Council, the Council of Ministers, the permanent commissions of the National Assembly, the people's representatives, the Supreme Court and the Chief Prosecutor. The right of legislative initiative belongs also to public organizations in the person of the National Council of the Fatherland Front, The Central Council of Bulgarian Trade Unions, the Central Committee of the Dimitrov Young Communist League and the Executive Council of the Central Co-operative Union on questions referring to their activity.

The State Council

The State Council of the PRB is a supreme permanent organ of state power which unites the taking of decisions with their realization. Being a supreme organ of the National Assembly, the State Council ensures the blending of legislative with executive activities. It is responsible for all its activities and reports on them to the National Assembly. At its first session the National Assembly elects a State Council from among the people's representatives by a majority of more than half the total number of deputies.

The powers of the State Council are in force until the newly elected National Assembly elects a State Council. The State Council realizes the general leadership of the home and foreign policy of the State. It represents the PRB in her international relations. The President of the State Council receives the credentials and letters of recall of foreign diplomatic representatives in the country.

The State Council appoints elections for a National Assembly and for people's councils; determines the date for holding a referendum when a decision has been passed by the National Assembly that a referendum should take place on a certain question and in a certain manner; convenes the National Assembly at sessions; issues decrees and other juridical acts on the basic questions arising from the laws and the decisions of the National Assembly; issues decrees also on questions of principle; in urgent cases by decree amends or amplifies individual provisions of the laws; carries out the general guidance of the country's defence and security; appoints and relieves of their duties the members of the State Defence Committee and of the supreme commanding staff of the Armed Forces; controls the activities of the Council of Ministers and of the heads of the Ministries and of the other Departments; at the proposal of the Chairman of Ministers relieves of their duties and appoints individual members of the Council of Ministers - it is the duty of the State Council to submit this decision to be approved at the next session of the National Assembly; issues decrees and passes decisions, appeals and declarations.

The Council of Ministers

The Council of Ministers /i.e. the Government/ is a supreme executive and administrative organ of the State Power. The Council effects its activities under the leadership and control of the National Assembly and when the latter is not in session - under the leadership and control of the State Council.

The Council of Ministers is responsible for the conducting of the internal and external policy of the State. It exercises the right of legislative initiative and secures conditions for carrying through the rights and freedoms of citizens. It also ensures public order and the country's security. It is responsible for the general leadership of the Armed Forces and concludes international agreements. It directly guides, co-ordinates and controls the activities of the ministries and other departments. The Council organizes both the implementation of the acts of the National Assembly and of the State Council. It guides and controls the activities of the executive committees of the people's councils. It adopts decrees, instructions and decisions.

Local Government

The territory of the Republic is divided for administrative purposes into Municipalities and Counties, which, are governed by Municipal and County People's Councils elected by the local population for a period of two and a half years. Their function is to implement all economic, social and cultural undertakings of local significance in conformity with the laws of the country. They prepare the economic plan and budget of the Municipality and the County within the framework of the State Economic Plan and the State budget and direct its execution. They are responsible for the correct administration of State property and economic enterprises in their areas and for the maintenance of law and order. These councils report at least one a year to their electors on their activities.

Justice

The judicial authorities apply the law. Justice is independent and subject only to the law. Lay judges (Assessors) also take part in the dispensation of justice. Judges of all ranks and assessors are elected except in special cases fixed by law. Supreme judicial control over every kind of court is exercised by the Supreme Court of the People's Republic, which, is elected by the National Assembly for a term of five years.

Citizens whose rights have been violated by government organs may appeal against such violations before higher ranking organs and courts, in accordance, with the Law of Administrative Procedure from 1970.

The Chief Prosecutor, who is also elected by the National Assembly for five years and is answerable to it alone, has supreme supervision over the correct observance of the law by Government organs, officials and all citizens. It is his particular duty to attend to the prosecution and punishment of crimes, which, are detrimental to the national and economic interests of the Republic or affect its independence.

Rights and Duties of Citizens

All citizens are equal before the law. No privileges or restrictions in rights based on nationality, origin, religion, sex, race, education or property are recognized. All preaching of racial, national or religious hatred is punishable by law.

Women have equal rights with men in all spheres, including equal pay for equal work. The State pays special attention to the needs of mothers and children. Marriage and the family are under State protection, although, only civil marriage is legally valid. Children born out of wedlock have equal rights with legitimate offspring.

All citizens have the right to free medical treatment in hospitals.

Labour is recognized as the basic factor of public and economic life. All citizens have the right to work and it is their duty to engage in socially useful labour, according, to their abilities. Holidays, limited working hours, pensions and medical treatment are guaranteed.

All citizens have the right to free education which is secular and democratic. Elementary education is compulsory. National minorities have the right to be educated in their own tongue and to develop their national culture, although, the study of Bulgarian is compulsory.

The Church is separate from the State. Citizens have freedom of religion and conscience. However, misuse of the Church and religion for political ends and the formation of religious organizations with a political basis is prohibited.

Citizens are guaranteed freedom of speech and of the Press, secrecy of correspondence, inviolability of persons and dwellings, the right of meetings and rallies, etc.

Military service is compulsory for all male citizens.