LAW ON THE NATIONAL ARCHIVAL FONDS
Promulgated by State Gazette, issue 57 dated 13 July 2007
Chapter I
General principles
Art. 1. This law shall arrange the formation, preservation and use
of the National Archival Fonds of the Republic of Bulgaria; and
the organization, the management and the activity of the Archives.
Art. 2. The National Archival Fonds shall be created to provide
with documental information the government of the state, the
development of the sciences and of the culture and the protection
of the rights and legal interests of the citizens.
Art. 3. The National Archival Fonds shall be a permanently
accretive totality of valuable records covering the material and
spiritual life of the society.
Art. 4. (1) The National Archival Fonds shall be completed by:
1. records, identified to be permanently kept, created by the
activity of the public and municipal institutions and other
juridical and physical persons, independently on the time, the
carrier and the way of creation, the place of preservation and the
form of property;
2. records or copies of records about the history of Bulgaria,
received from foreign Archives or foreign juridical and/or
physical persons;
(2) records under § 1 shall enter the Register of the National
Archival Fonds.
Art. 5. The Archives shall be organizations or structural branches
of organizations which fulfill selection, acquisition, processing
and preservation of records and provide them for public use.
Art. 6. (1) Archives, which keep records of the National Archival
Fonds shall be:
1. state archives;
2. archives and archival collections of cultural and other public
institutions;
3. archival
libraries;
collections
of
state
and
municipal
museums
and
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4.
archival
institutions;
collections
of
library
clubs
and
religious
5. private archives.
(2) records from the Archives under paragraph 1, point 1 shall be
kept observing the principle of provenance and provided unity and
integrity of the archival fonds.
Art. 7. (1) The State shall take care of the preservation of the
National Archival Fonds’ records via:
1. registering and accounting their presence;
2. ensuring their storage in modernly equipped
restoration and conservation labs and security copying;
premises;
3. ensuring qualified staff to work with;
4. budgetary funding;
(2) The State shall take care of the preservation of records which
were entered the Register of the National Archival Fonds and are
property of physical persons;
(3) The State shall take care of the preservation of the records
which were entered in the Register of the National Archival Fonds
and are outside the territory of the country, on the territory of
another country, respecting its internal legislation, as well as
the entered into force international agreements Bulgaria is party
of.
Art. 8. (1) The records in the Archives under Art. 6, § 1 shall be
state property, respectively municipal property and cannot be
subject of dealing with.
(2) In the case of deals with records - private property, written
in the Register of the National Archival Fonds, their owners shall
notify the Archives State Agency within one month before the deal
about the forthcoming change of property. The state shall have the
right first to offer through the Archives State Agency’s
chairperson the acquisition of these records at equal other
conditions within one month after the notifying.
(3) The records in the Archives under § 1 and 2 cannot be exported
outside the country without the authorization of the chairperson
of Archives State Agency.
(4) The terms and the order of temporary export of records under §
1 and 2 shall be established by the Regulations under Art. 91.
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Art. 9. (1) The records of the National Archival Fonds in the
Archives under Art. 6 § 1 shall be kept, processed and used
according to the provisions of this law.
(2) The terms and the order of preservation, storage, access and
use of the valuable electronic records in the State Archives shall
be established by Regulations adopted by the Council of Ministers
on a motion of the Minister of State Administration and
Administrative Reform in concordance with the chairperson of
Archives State Agency.
Art. 10. The Archives shall provide for the users public access to
the records they keep by creating and maintaining in regard of
this a system of finding aids.
Chapter two
Management of the National Archival Fonds
Section I Archives State Agency
Art. 11. (1) The Governmental policy in the field of selection,
acquisition, registering, processing, preservation, storage and
use of the records of the National Archival Fonds, as well as in
the field of development and improvement of the archival deed
shall be carried out by the Archives State Agency.
(2) The Archives State Agency shall supervise the preservation of
the records in the registry offices of the state and municipal
institutions and shall fulfill scientific and methodical guidance
and control over the organization of the work with the records,
their preservation and use in the establishments’ Archives.
(3) The orders and the instructions of the Archives State Agency’s
bodies concerning the records of the National Archival Fonds shall
be obligatory for all organisations.
(4) Archives State Agency shall create and maintain the Register
of the National Archival Fonds in electronic form and shall
maintain the information system of the Archives.
(5) Archives State Agency shall fulfill publishing, shall
cooperate with foreign akin establishments, institutions and
international
organizations
and
shall
be
member
of
the
International Council on Archives.
Art. 12. (1) Archives State Agency shall be created at the Council
of Ministers and shall be a juridical person on budgetary funding
which head office shall be settled in Sofia.
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(2) Archives State Agency shall be led and represented by
Chairperson who shall be appointed by decision of the Council of
Ministers.
(3) When fulfilling his duties the chairperson of the Archives
State Agency shall be helped by vice chairpersons.
Art. 13. The chairperson of the Archives State Agency shall:
1. carry out the general governance, coordination and control over
the activity on acquisition, accounting and preservation of the
records under Art. 6 § 1 independently on their place of storage
and shall organize the work with them;
2. issue methodical guidelines and instructions and shall fulfill
the implementation of the archival standards within his/her
competences;
3. define the criteria of appraisal the value of records including
the electronic ones and shall identify the records for permanent
storage;
4. approve the proposed periods of temporary storage for the
records in the state and municipal institutions until their
transfer to the State Archives according to the filing plan and
the lists of records’ types other than these stipulated by law;
5. supervise the elaboration of filing plans and lists of records
with periods of storage in the state and municipal institutions;
6. keep account of the records of the National Archival Fonds, as
well as a special report on the vital valuable and unique records
and the records in risk;
7. organize the activity on records’ preservation, the control
over the fonds’ availability, the restoration, conservation and
creation of security fonds, as well as of fonds of digitized
copies;
8. draw up acts and shall issue penal sanctions in the cases
foreseen by the law and shall delegate other officials of the
Archives State Agency to do this;
9. guarantee the elaboration of finding aids on the composition
and the contents of the National Archival Fonds;
10. establish the rules of use for the records
Archives and shall provide public access to them;
kept
in
the
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11. represent the State when acquiring records or their copies
through legal deals and shall delegate the State Archives’
directors to accomplish such deals;
12. organize and shall fulfill scientific and research activities
on document science, archival science and other akin sciences;
13. conclude international agreements with foreign partners and
shall carry out the international cooperation in the field of
archival deed;
14. determine the composition, the tasks and the rules of work of
the Central Expert Checkup Committee, the Central Expert
Assessment Committee and the appropriate expert committees in the
State Archives;
15. create other committees and working groups when necessary to
resolve specific problems of the theory and practice of the
archival deed;
16. fulfill other
Ministers’ act;
mandates
assigned
by
law
or
by
Council
of
17. coordinate the activities of the State Archives fulfilled
under this law.
Art. 14. The structure of Archives State Agency shall be
established in organization statute adopted by the Council of
Ministers.
Art. 15. (1) At the Archives State Agency shall be created:
1. Central Expert Checkup Committee and
2. Central Expert Assessment Committee.
(2) The Committee under § 1 p. 1 shall be an auxiliary body to the
chairperson of Archives State Agency for the settlement of
principle issues of the theory and practice of the value’s
appraisal and the acquisition of archival records.
(3) The Committee under § 1 p. 2 is an auxiliary body to the
chairperson of Archives State Agency for the sake of assessment
the value of records proposed to the Archives by physical and
juridical persons against recompense and for the assessment of its
measure.
Art. 16. Archives State Agency shall organize and carry out
vocational training, seminars, conferences and other forms of
training to improve permanently the qualification of its staff.
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Art. 17. Archives State Agency shall organize and carry out
courses, seminars, conferences and other forms of training for
people working in the establishments’ archives and for the members
of the Expert Committees in the state and municipal institutions
and shall deliver them certificates.
Section II Central and Territorial State Archives
Art.
18. The structure of Archives State Agency shall comprise
central
and
territorial
State
Archives
with
status
of
directorates.
Art.
19. The Central State Archives shall be:
1. The Central State Archives which head office shall be in Sofia
and
2. The State Military Historical Archives which head office shall
be in Veliko Turnovo.
Art. 20. The Territorial State Archives shall be:
1. Sofia State Archives with territorial coverage Sofia-city and
the region of Sofia;
2. territorial State
relevant regions;
Archives
with
territorial
coverage
the
Art. 21. Object of the activity of the Central State Archives
shall be the identified for permanent preservation records of the
central structures of the State bodies and other state and
municipal institutions, the documentary heritage of figures with
national significance for the period after 1878, as well as
records on the history of Bulgaria, kept by foreign Archives and
other institutions.
Art. 22. Object of the activity of the State Military Historical
Archives shall be the identified for permanent preservation
records of the Ministry of Defense, Bulgarian Army and the
structures subordinated to the Minister of Defense, as well as the
documentary heritage of important figures connected to them.
Art. 23. Object of the activity of Sofia State Archives shall be
the identified for permanent preservation records of Sofia
Municipality and the municipalities/ communities included in the
region of Sofia, of the territorial structures of state bodies and
other state and municipal institutions located on the territory of
Sofia-city and the region of Sofia, of bodies and organizations
with local significance, as well as the documentary heritage of
important figures for the history of Sofia-city and the region of
Sofia.
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Art. 24. Object of the activity of the territorial State Archives
shall be the identified for permanent preservation records of the
relevant regional administration and the municipalities on the
territory of the respective regions and municipalities, of bodies
and organizations with local significance, as well as the
documentary heritage of important figures with local significance.
Art. 25. The Archives under Art. 21 – 24 shall fulfill:
1. selection, acquisition and processing of records;
2. scientific and methodical guidance and supervision upon the
organization of the work with records, their preservation and use
in the establishments’ archives of the state and municipal
institutions and the preservation of the records in the
registration offices;
3. expert help during the elaboration of filing plans and
branches’ lists of the records with periods of storage in the
state and municipal institutions;
4.
registering,
recordkeeping
account
and
maintaining
the
respective part of the Register of the National Archival Fonds;
5. creation of finding aids to the stored records and maintaining
the respective part of the automated information system of the
Archives;
6. ensuring access to and providing with the records for use;
7. preservation, restoration,
security fonds of the records.
conservation
and
creation
of
Art. 26. (1) The State Archives shall be led by directors which
shall be helped by Expert Checkup Commissions and Expert
Assessment
(2) The Expert Checkup Committees shall examine and submit for
approval the conclusions of the permanently acting Expert
Committees of the organizations upon the appraisal concerning the
value of the records.
(3) The Expert Assessment Committees shall identify the value of
records proposed to the Archives by physical or juridical persons
against recompense as well as its amount.
Art. 27. (1) The preventive, current and consequent control on the
implementation of the obligations under this law shall be
accomplished by the directors of the central and the territorial
State Archives and by the officials, entitled by the agency’s
chairperson.
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(2) The persons under § 1 shall have the right to:
1. access the records including on electronic carrier which shall
be kept in the state and municipal institutions;
2. know the reports of the internal auditors, inspectorates,
Chamber of Accounts and other supervisory bodies, which shall be
stored in the supervised state or municipal institution in the
part relative to the organization and the preservation of the
records.
(3) In the discharge of their duties the persons under § 1 shall
have to:
1. produce their identity card;
2. render objectively and exactly the results of the accomplished
supervising activity on the basis of the checked up by them ex
officio facts and circumstances and to acknowledge with them the
heads of the supervised organization;
3. not to divulge facts and circumstances they knew during or due
to the fulfillment of their duties unless in the cases foreseen by
law.
(4) The officials of Archives State Agency shall be obliged to
observe the Code of Behavior of the Officials in the State
Administration and the approved by the agency’s chairperson Ethic
Standards of Behavior of the Officials of the State Archives.
(5) For failure in duty under § 3 & 4 the officials shall bear the
responsibility according to the Law on the State Servant and the
Code of Labor.
Section III Funding
Art. 28. (1) The chairperson of Archives State Agency shall be
subsidiary manager of budgetary credits at the Council of
Ministers.
(2) In the budget of Archives State Agency shall enter revenues
from:
1. state charges for the acceptance of requests after a pattern,
exemplifications of archival records and delivery of certificates;
the amounts of the state charges shall be established by rates
approved by the Council of Ministers;
2. other services evolving from the activity of Archives State
Agency, according to prices, established by act of the Council of
Ministers;
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3. print publishing of the agency;
4. revenues from the use of the real estate – state property,
including from holiday houses.
5. charges and expenses under Art. 64, § 5 of the Civil Procedure
Code;
6. target means under European, international and other projects
and programs (individual and joint);
7. donations from physical and juridical persons;
8. imposed fines and property sanctions under this law;
9. other sources and activities allowed by law.
Art. 29. (1) The chairperson of Archives State Agency shall
determine further material stimulation to the officials of the
agency. The order and the terms to determine the individual amount
of the further material stimulation shall be specified by internal
rules, approved by the chairperson of the agency.
(2) The further material stimulation for the chairperson of
Archives State Agency shall be set by the respective deputy prime
minister.
(3) The funds under § 1 shall be fixed to 25 % of the annual
amount of the resources for salaries from the budget of Archives
State Agency for the appropriate year and shall enter the Law on
the State Budget for the same year.
Section IV National Archival Council
Art. 30. To the chairperson of Archives State Agency a National
Archival Council shall be created to coordinate the fulfillment of
the state policy on development and improvement of the archival
deed and the measures to preserve the National Archival Fonds.
Art. 31. The National Archival Council shall
institutional consultative body which shall:
be
an
inter-
1. discus and give opinions on drafts of strategies, programs and
normative acts relative to the preservation of the National
Archival Fonds and to the development and improvement of the
archival deed in the country and shall submit proposals to the
Council of Ministers for their acceptance;
2. coordinate the interaction between the establishments’ archives
and the State Archives, as well as between the Archives State
Agency and the Archives outside its structure;
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3. promote the filling in and the systematical running of the
Register of the National Archival Fonds;
4. bring into line the requirements for acquisition, accounting
and storage of the archival records in an Archives and for their
conservation and restoration and for providing for use;
5. suggest measures for the preservation of the particularly
valuable and unique records of the National Archival Fonds and the
National heritage in risk by providing for modern equipment and
adequate funding.
Art. 32. (1) The National Archival Council shall be composed of 11
members and shall include representatives of the Archives under
Art. 6, § 1.
(2) The membership of the National Archival Council and the rules
of its work shall be established by the Council of Ministers.
Section V Archives and Archival Collections of Museums, Libraries,
Cultural Clubs, Cultural, Religious and Other Public Institutions
Art. 33. (1) Archives which store records of a defined type,
period and way of creation shall be:
1. Manuscript-Documental and Literary Heritage Direction of Sts
Cyril and Methodius National Library – for records from Bulgarian
state’s origin and for records of eminent public figures, writers,
cultural and scientific figures till 1878.
2. The Learned Archives of Bulgarian Academy of Sciences – for
records of the Bulgarian Learned Society and the institutes and
the research associates of Bulgarian Academy of Sciences.
3. Bulgarian National Film Archives – for Bulgarian feature films,
documentaries, chronicles, popular science films and cartoons and
the records on their production, for the promotion of the
cinematographic art and culture in our country;
4. The Archives of Bulgarian National Television – for movie and
television pictures, videos and audio recordings;
5. The Archives of Bulgarian National Radio – the Golden Fonds for
the audio records:
6.
The
State
Geodesic,
Cartographic
and
Cadastral
Fonds
(Geocartfonds) of the Agency on Geodesy, Cartography and Cadastre
– for geodesic, cartographical and cadastral records;
7. The Archives of the National Institute of Monuments of Culture
– for the National Register of the immovable monuments of culture,
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records about immovable monuments of culture and about the sites
relative to Bulgarian history and culture abroad.
(2) The state and municipal museums and libraries, the library
clubs, cultural, religious and other public institutions shall
keep historically formed archival collections; records’ shall
accession there, property of juridical and physical persons with
the written wish of the owners.
(3) The organizations under § 2 shall not have the right to
acquire valuable records from state and municipal institutions,
subject of acquisition by the State Archives.
(4) The records under § 1 & 2 shall be provided for public access
according to the methodical requirements of Archives State Agency.
Art. 34. The Archives State Agency and its structures shall render
methodical assistance in the work with the archival collections
and records in the state and municipal museums and libraries, in
the
library
clubs,
cultural,
religious
and
other
public
institutions according to the provisions of this law and
respecting the Law on the Monuments of Culture and the Museums and
the legislation in force in this field.
Section VII Private Archives
Art. 35. (1) Private Archives shall be created and shall be funded
by physical and juridical persons.
(2) The private Archives shall process, keep and provide access to
records, created or legally acquired by physical and juridical
persons.
Art. 36. (1) The records in the private Archives about the history
of Bulgaria shall be declared before the Archives State Agency or
before its structures.
(2) Experts of Archives State Agency shall carry out appraisal of
the value of the records under §1.
(3) The records which are identified as valuable shall enter the
register of the National Archival Fonds within one month after
their declaring.
(4) The records under § 3 shall be provided for public access.
Art. 37. (1) The private Archives shall not have the right to
acquire
for
permanent
storage
valuable
records
of
state
organizations, subject to acquisition by the State Archives.
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(2) The private Archives shall be able temporary, as an exception,
provide repository area for the storage of records under § 1 till
their accession in the State Archives.
Art. 38. Archives State Agency and its
methodically the private Archives and
respecting of the provisions of this law.
structures shall
shall supervise
aid
the
Art. 39. Other Archives shall be created by special law.
Chapter three FORMATION OF THE NATIONAL ARCHIVAL FONDS
Section I Records of State and Municipal Institutions
Art. 40. Principal sources for accessioning the State Archives
shall be the state and municipal institutions.
Art. 41. (1) The governing bodies of the state and municipal
institutions
shall
be
responsible
for
the
activities
on
organizing, preserving and current use of their records’ fonds,
the processing of the records and their transfer to the State
Archives.
(2) To fulfill the work with the records in the state or municipal
institution, their governing bodies shall create registry office,
establishment’s archive and permanently acting expert committee.
Art. 42. (1) The bodies under Art. 41 shall appoint permanently
acting expert committees which shall check-up annually the
availability, the conditions of storage and preservation of the
records. The results of the check-ups shall be recorded in a
written statement which shall be sent for the sake of information
to the appropriate State Archives within one month.
(2) under § 1 the manager of the establishment archives, the
registry clerk and heads of structural units obligatory enter the
expert committees’ membership.
(3) For the implementation of the activity of the establishments’
archives the bodies under Art. 41 shall ensure qualified
officials, repository area and equipment.
Art. 43. (1) the permanently acting expert committees of the state
and municipal institutions shall elaborate filing plans and lists
of records’ types with periods of their storage.
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(2) The filing plans and the lists shall be approved by the
appropriate bodies under Art. 41 and shall be confirmed by the
directors of the respective State Archives.
Art. 44. The terms of storage of the individual files shall be
mentioned in the filing plan. Throughout the calendar year the
records shall be involved in files with period of storage by that
the current appraisal of their value shall be realised.
Art. 45. (1) All records concluded to 31st December of the current
year in the registry offices of the state and municipal
institutions shall be transferred to their establishment archives
to 30th June the next year
(2) The registry offices shall transfer the records to their
establishment archives organized in files according to the
approved filing plan.
(3) The establishment archives of the state and municipal
institutions shall preserve the records till their transfer to the
respective State Archives or till their destruction.
Art. 46. (1) The term of preservation of the records reflecting
the principal activities of the state and municipal institutions
shall be 20 years.
(2) The terms of preservation of records other than those under §
1 shall be established by law.
(3) Bills of laws where terms of records’ preservation shall be
determined and amended under § 2 shall be agreed preliminarily
with the chairperson of Archives State Agency.
Art. 47. (1) After the expiry of the term under Art. 46, §1 the
permanently acting expert committee shall accomplish appraisal of
the records’ value on the background of criteria system
established by the regulations under Art. 52. The results of the
appraisal shall be drawn up in inventories of records identified
in the following categories:
1. records for permanent preservation;
2. records identified as not valuable, and
3. records with long-term referential value.
(2) The inventories of the permanently acting expert committees
shall be approved by the governing body of the respective state
and municipal institutions and shall be confirmed by the director
of the State Archives accepting them.
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Art. 48. (1)The records identified for permanent preservation
shape the archives fonds of the organization and shall be
transferred to the respective State Archives
(2) Only original, shaped on standard records shall be included in
the archives fonds.
(3) The records identified as not valuable shall be described in a
list and shall be destroyed.
(4) The records with long-term referential value shall be
described and kept in the organization till the expiry of the
fixed terms after that an appraisal shall be done.
(5) The records containing classified information shall be
transferred to the State Archives in accordance with the order
established by this law and after the expiry of the terms, fixed
in the Classified Information Protection Act.
Art. 49. (1) The records of massive-type character which shall be
not liable to preservation may be destroyed after drawing up an
act. The act shall be confirmed by the head of the respective
state and municipal institution.
(2) The act under § 1 shall be drawn up by the permanently acting
expert committee according to the terms of limitation given by law
and those given in the filing plan and the lists with terms of
preservation.
(3) A copy of the confirmed act under § 1 shall be sent for
information to the respective State Archives within 2 months
before destroying the records.
Art. 50. The establishment archives and the permanently acting
expert committees shall implement their activity under the
methodical guidance and control of the State Archives, whose
fonds’ creator the state or the municipal institution is.
Art. 51. (1) Should state or municipal institutions be closed
down, should be struck off or the production ended because of
bankruptcy of companies according to § 1, p. 11 of the
complementary provision, the heads, liquidators and the syndics in
accordance with the Archives State Agency shall be obliged to
transfer the valuable records to the respective Archives within 6
months. The closing down or the striking off shall be accomplished
after presenting a certificate of valuable records’ transfer by
the relevant State Archives.
(2) The records with long-term referential value of the
organizations under § 1 and of the struck off juridical persons
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without assignee which shall be not liable to transfer to the
respective State Archives and the territorial structures of the
National Insurance Institute shall be kept in accordance with the
rules established by Council of Ministers’ enactment.
Art. 52. The rules of organizing, processing, appraising, storage
and use of the records in the establishment archives of the state
and municipal institutions shall be established by regulation
adopted by the Council of Ministers.
Section II Records of Physical persons
Art. 53. Sources for Archives’ acquisition with records may be the
personal archival fonds and collections of persons important for
the public.
Art. 54. The acceptance and the entering of personal archival
fonds or collections in the Register of the National Archival
Fonds shall be accomplished after declared wish in written from
the part of their owners and the elaboration of expert assessment
by Archives State Agency.
Art. 55. (1) The records under Art. 53 shall be accepted by the
Archives from the creators, heirs or persons having acquired or
kept them, through donation, will or payment.
(2) Should the records be donated or bequeathed, their creator or
their heirs could require also conditions of access to them and to
their use.
(3) The conditions on the acceptance, storage and use of the
records in the Archives could be defined by the appropriate
testament or donation.
(4) The acquisition of personal archival fonds or collections
through donation or testament shall not affect the copyright upon
them.
(5) In the cases of acquired with payment records of juridical of
physical persons, the amount of the payment shall be established
by the assessment committees of the accepting Archives.
Section III Records of Political Parties, Juridical Persons with
Non-Profit Purpose and Merchant Societies
Art. 56. Sources of records’ accessioning to the Archives could be
political parties, juridical persons with non-profit purpose and
merchant companies, having declared their wish to transfer
records.
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Art. 57. The acceptance of the records shall be accomplished after
the declared wish of the competent bodies in written, representing
the organizations under Art. 56, and the accomplishment of expert
assessment by Archives State Agency.
Art. 58. The conditions of acceptance, storage and use of the
records in the Archives shall be established by contract.
Section IV Records from Foreign Archives, Other Institutions and
citizens
Art. 59. Sources for accessioning the Archives with records could
be also records and copies of records from foreign archives, other
institutions, as well as Bulgarians and Bulgarian organizations
abroad.
Art. 60. Copies of records, sought for in foreign archives and
other institutions through Bulgarian state funding shall enter to
be kept by the Central State Archives.
Art. 61. Records or copies of records of Bulgarians and Bulgarian
organizations abroad could enter the chosen by them Archives after
declared wish for this in written and after accomplishing an
expert assessment by Archives State Agency.
Art. 62. The conditions of acceptance, storage and use in the
Archives of the records, transferred by Bulgarians and Bulgarian
citizens abroad shall be established by contract.
Chapter Four. Registration and Accountability of the Records
Section I. Registration and Accountability Units and Forms
Art. 63. The registration and the accountability of the records
shall have the purpose to establish the availability of the
records and to ensure their preservation and use.
Art. 64. All records of the National Archival Fonds shall be
subject of registration.
Art. 65. Archives State Agency shall maintain Central Fonds
Catalogue which shall contain the generalized data on the
accountability of the registered in the system fonds and shall be
maintained as an unified data base.
Art. 66. (1) The accountability in the State Archives shall be
realised through fixed accountability units and forms.
(2) Basic accountability units shall be
archival collections and partial accruals.
the
archival
fonds,
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(3) Basic accountability units shall be: fonds’ catalogue, list of
accessions, list of fonds, list of partial accruals, list of
memoirs, list for special registration and inventories.
(4) Separate archival fonds shall be registered in presence of
integral documentation about the activity of the organization or
of the physical person.
(5) Type and/or topic related records of various fonds’ creators
which shall not be sufficient to form individual archival fonds
shall be organized and registered as archival collections.
(6) Separate records or groups of records, not sufficient to form
archival fonds or collection shall be registered as partial
accruals.
(7) Within the archival fonds or collections the archival records
shall be gathered in archival units.
Art. 67. For the realization of the accountability unified forms,
approved by Archives State Agency’s chairperson shall be used.
Section II Register of the National Archival Fonds
Art. 68. (1) The Agency shall create and maintain Register of the
National Archival Fonds in electronic format.
(2) The register shall be created with the purpose to:
1. centralize the information about archival fonds and records in
the Archives, about the archival collections and separate archival
records;
2. ensure publicity of archival collections and records – property
of juridical and physical persons;
3. extend the opportunities
Archival Fonds.
to
preserve
and
use
the
National
Art. 69. (1) In the Register of the National Archival Fonds data
shall be written about the composition and contents of the
archival records, their owner, the place of their storage and the
type of their carrier.
(2) The circumstances which shall be liable to enter the register
of the National Archival Fonds, the order of its drawing shall be
established by regulations adopted by the Council of Ministers.
Art. 70. The Archives under Art. 6, § 1, as well as physical and
juridical persons, owing valuable records, shall provide the
required data for the Register of the National Archival Fonds.
17
Art. 71. The Register of the National Archival Fonds shall be
public and shall be maintained as unified data base.
Chapter five. Preservation
National Archival Fonds
and
Storage
of
the
Records
of
the
Art. 72. The state and municipal institutions shall not be able to
destroy records identified for permanent preservation by Archives
State Agency.
Art. 73. Owners which possess valuable records written in the
Register of the National Archival Fonds shall preserve them
according to the methodical requirements and standards of Archives
State Agency and shall ensure their preservation.
Art. 74. (1). The owners who possess valuable records, written in
the Register of the National Archival Fonds shall inform in
written the Archives State Agency chairperson about the necessity
of restoration and conservation of the records.
(2) The necessity of restoration and conservation of the records
under § 1 shall be determined by experts of Archives State Agency.
(3) The restoration and conservation of the records under § 1
shall be accomplished by Archives State Agency.
Art. 75. The responsibility for the preservation and storage of
the records in the state and municipal institutions till the
expiry of the term under Art. 46, §1 shall be bore by their
directors.
Art. 76. Should the official or employment relations be terminated
the servants in the state and municipal institutions shall deliver
to the immediate superior all records that were with them.
Art. 77. Should the heads of the respective state and municipal
institutions, their structure units and the responsible for the
establishment archives be changed, the available records shall be
delivered, respectively accepted with inventory and statement.
Art. 78. Should states organizations be reformed, their directors
in accordance with Archives State Agency shall take measures for
the organization, preservation and use of the records.
Art. 79. (1) For the availability and the status of the acquired
for permanent storage records in Archives or other state and
municipal institution, the responsibility shall be bore by the
Archives’ director and the officials who shall be responsible for
the storage of the records in the repositories and the reading
rooms.
18
(2) The reader shall be responsible, if guiltily causes damage to
the records, when using them. The infraction shall be established
by act of the authorized official.
Art. 80. (1) Particularly valuable and unique records of the
National Archival Fonds shall be national treasure and priority
care shall be given to them by the state.
(2) The records under § 1 shall be identified by specialised
committee, which shall be assigned by the chairperson of Archives
State Agency and shall accomplish its activity according to
approved by him criteria and rules. The data about these records
shall enter the Register of the National Archival Fonds.
(3) To individuals who have communicated about records in risk or
prevented their destruction could be delivered certificates of
merit and/or paid recompense from the budget of Archives State
Agency which amount shall be established by the chairperson upon
motion moved by the Central Expert Assessment Committee.
Art. 81. (1) The records shall be stored in repositories which
shall provide their physical preservation, their protection from
encroachments and their arrangement according to an appropriate to
find them manner.
(2) For the records in the repositories an appropriate temperature
and humidity regime shall be provided, fire protection, protection
against floods and supervised access to the site according to the
relevant standards.
(3) The control on the fonds availability shall be exercised
through periodical stocktakings according to the methodical
guidelines and instructions, issued by the Archives State Agency’s
chairperson.
Art. 82. (1) For physical steadiness and restoration of the
records in close to the originate aspect and with maximum
authenticity, the Archives shall ensure their conservation and
restoration in specialised laboratories.
(2) The conservation and restoration of records shall be
accomplished
only
by
persons
with
needed
professional
qualification to exercise the appropriate conservation and
restoration activity.
Art. 83. (1) The Archives shall obligatory assure copies of the
preserved by them particularly valuable records, as well as of the
records which shall be often provided for use.
19
(2) Should a record
provided for use.
copy
be
available
no
original
shall
be
(3) Copies shall be registered in the fonds catalogue of the
Archives but copies of the particularly valuable records and
copies acquired from abroad - in the Register of the National
Archival Fonds.
Chapter six. Access to Records and Their Use
Section I Access to records
Art. 84. The Archives under Art. 6, § 1 shall provide for the
users public access to the records they keep.
Art. 85. The access to records could be limited if this shall be
authorized by law.
Art. 86. The access to records could be temporary limited when:
1. records have not
methods’ requirements
been
processed
according
to
the
archival
2. records’ physical conditions do not allow their use;
3. records has been provided to other user;
4. records are being in restoration or microfilming;
5. interested persons don’t give relevant information for finding
the sought data;
6. their use contravenes the lawful interests of third persons;
7. their use contravenes the conditions put by the person who has
delivered the records;
8. their use contravenes the provisions of the Copyright Law and
its Allied Rights or of other laws;
Art. 87. (1) The authorization of access and the denial of access
shall be issued in written by the head of the respective Archives.
The denial of access shall be motivated on the basis of the
appropriate law or the will of the donors.
(2) The denial could be appealed by the applicant in accordance
with the procedures and terms established by the Administrative
Procedure Code.
Art. 88. (1) To provide access under Art. 6, § 1 the Archives
shall elaborate finding aids to the records which shall be public.
(2) The finding aids shall contain data about access restrictions.
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Section II Use of Records
Art. 89. The records of the National Archival Fonds shall be used
for the purposes of the government, the development of science and
culture, protection of rights and legal interests of physical and
juridical persons.
Art. 90. The use of records of the National Archival Fonds shall
be accomplished:
1. by providing them in original or in copies on various carrier
in reading rooms;
2. by correspondence through providing copies on various carrier
or inquiries about the records’ contents;
3. by publishing them on traditional or digital carrier;
4. by organizing exhibitions, films producing,
broadcasting or other popularizing forms;
radio
and
TV
Art. 91. The procedures to use the records of the National
Archival Fonds shall be established by Regulations adopted by the
Council of Ministers.
Art. 92 The records of the National Archival Fonds from persons’
and families’ fonds and collections shall be provided for use
unless the person or his heirs did not put restriction terms.
Art. 93. (1) The use of records of the National Archival Fonds
could be temporary forbidden for three months to person who
infringed the rules of use established by the Regulations under
Art. 91
(2) Should second infringement be committed the person shall be
deprived of the right to use records for one year period.
(3) In the cases under § 1 and 2 an order shall be issued by the
Archives State Agency’s chairperson.
Art. 94. (1) The use of originals of the records shall not be
authorized outside the State Archives.
(2) Only office copies of records which shall be constituent part
of the National Archival Fonds shall be provided for the needs of
state bodies and organizations, physical and juridical persons.
Chapter seven Administrative Penal Provisions
21
Art. 95. Persons who committed violations of Art. 8, § 2 and 3,
Art. 37, § 1, Art. 49, § 3, Art. 51, § 1, Art. 77 и 78, shall be
imposed a fine up to the amount of 500 to 3000 levas.
Art. 96. Should the obligation under Art. 73 be not accomplished,
the physical person shall be imposed fine up to the amount of 500
to 1000 levas, the juridical persons property sanction up to
the amount of 1000 to 2000 levas.
Art. 97. (1) Official under Art. 41, § 1, who does not ensure
appropriate conditions for recordkeeping and allows their lost,
deterioration or destroying, shall be imposed a fine up to the
amount of 2000 to 6000 levas if he/she is not liable to severer
penalty.
(2) Should second infringement be committed the penalty shall be a
fine of 4000 to 12 000 levas.
Art. 98. Fine of 1000 to 3000 levas shall be imposed to anyone, if
he/she’s not subject to severer punishment, who:
1. does not implement an order or indication of Archives State
Agency’s bodies, respectively of bodies of its structures in the
country;
2. does not transfer the records of the state or municipal
institution to be kept by the respective State Archives;
3. deteriorates, destroys or loses records during their use;
Art. 99. To physical persons, sole traders and juridical persons
for infringements of the regulations implementing this law, for
which sanctions shall be not foreseen under this chapter, fine
shall be imposed, respectively property sanction up to the amount
of 1000 to 2000 levas.
Art. 100. (1) The infringements of this law shall be established
by acts issued by officials, nominated by the Archives State
Agency’s chairperson.
(2) On the basis of the acts, penal ordinances shall be issued by
the chairperson of Archives State Agency or by the directors of
the State Archives when assigned by the chairperson of the agency.
(3) drawing up acts, issuing, appealing and executing penal acts
shall be done in accordance with the procedure of the Law on
Administrative Infringements and Penalties.
COMPLEMENTARY PROVISION
§ 1. In accordance with this law:
22
1. "Act of records’ destruction" shall be a record attesting the
quantity and the composition of records of massive type character
with expired period of keeping to be destroyed.
2. "Archival fonds" shall be this part of the archival fonds of a
state organization/ physical person, which was identified for
permanent storage because of its value and has accessioned an
Archives with permanent composition, as well as a totality of
records formed in the Archives, which are historically and/or
logically interlinked (archival collection).
3. "Archival unit" shall be a file accepted in the Archives and
written in the inventory of archival fonds by its number, as well
as physically detached group of records (separate record), written
in inventory by its individual number (technical project or its
part, map, album, roll, microfilm, microfiche, magnetic tape,
matrix, set of discs etc.)
4. "File" shall be a group of records with equal term of storage,
connected by type, theme or other indication.
5. "Registry office" shall be the structure unit of an
organization, managing the current records till their transfer to
the establishment’s archives.
6. "Record" shall be a material object with information fixed upon
no matter what carrier, created/ received or kept by an
organization or person in accomplishing duties established by law
or evolving from action.
7. "Endangered Records" shall be records in severe physical
condition or kept in conditions which endanger their physical
status.
8. "Records’ Fonds" of state organization/ physical person shall
be the totality of records, formed in accomplishing their
activity.
9. "Records of long-term referential significance" shall be
records relative to labour or civil servant relations, property or
civil status etc.
10. “Records of massive-type character with short-term referential
significance” shall be records kept by the organizations within 1
to 5 years.
11. “State and Municipal institutions” shall be the budgetary
organizations, state enterprises under Art. 62, § 3 of the
Commerce Law, the merchant societies, where the state or the
municipality possess the majority share, the merchant societies
23
with blocking quota of state or municipal participation in the
capital, merchant societies where the state possesses the
privilege share (“golden share”) and the non personalised
societies under the Law on Duties and Contracts, in which the
state or the municipality participates directly or indirectly in
their property.
12. "Appraisal" shall be the procedure of identifying the value of
the records according to scientific criteria in the aim of grading
some records for permanent storage and other ones for destruction.
13. "Security Copy of Record" shall be a record elaborated to be
physically preserved and to replace the original records in case
of destruction.
14. "Security Fonds" shall be the totality of security copies of
archival records created to keep the information in case of
originals’ destruction or damaging during natural disasters,
military conflicts, terrorist acts etc., as well as especially
valuable records.
15. "Archives acquisition" shall be the systematic acquisition of
records by an Archives according to its profile.
16. "Finding aids" shall be the reference books, created for the
accountability, the composition and the contents of records.
17. "Filing plan" shall be the systematic list of files’ titles
which are to be formed in a state organization with given terms of
storage.
18. "Preservation" shall be a system of preventive measures
including organizational, financial and other strategic decisions
to maintain the integrity and life continuity of records, as well
as actions for their physical preserving from infringements.
19. "Especially Valuable Record" shall be a record from the
National Archival Fonds with non passing cultural and historical
significance and scientific importance for the public and the
state concerning that a special regime of accountability, storage
and use shall be established.
20. "Stocktaking of Fonds" shall be a verification of the presence
and status of the records in archival fonds, periodically made or
when terms and place or storage has been changed.
21. "Repeated" shall be the infraction made within one year from
the entry into force of the penalty ordinance by that the person
was punished for the same kind of infraction.
24
22. "Principle of Provenance" shall be the principle according to
that the records in Archives with permanent composition shall be
added to this fonds from that they originate and inside it they
keep their primary order given by the registry office of the
respective state organization.
23. "Storage" shall be the activity to provide repositories and
their equipment, rational arrangement of the records there, their
security, maintenance of optimal temperature and humidity regimes,
physical and chemical processing, conservation and restoration,
security copies’ producing.
24. "Current Appraisal" shall be the annually systematization of
the records in files in the establishment archives according to
the filing plan with given periods of preservation.
25. "Establishment Archives" shall be Archives with changeable
composition of records of separate state organization where they
shall be kept till their transfer to the appropriate State
Archives or till their disposal.
26. "Fonds’ creator" shall be state organization, physical or
juridical person having created or for that records have been
created, which shall be subject of permanent storage in Archives.
27. "Valuable record" shall be record which has passed through
expert assessment on the basis of scientific criteria and
recognized as such.
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 2. Valuable records acquired by succession, gift, and bequest or
otherwise till the entry into force of this law shall be declared
within 6 months from its entry into force.
§ 3. The records in the State Archives which contain personal data
about citizens and had been provided for use before the entry into
force of the Law on Protection of Personal Data shall continue to
be accessible and shall be provided in accordance with the general
procedure.
§ 4. The owners of privatized merchant societies or sites – former
state or municipal property, shall transfer to the state archives
the records which were found in the societies and the sites –
state or municipal property, created from the beginning of their
activity till the date of the entry into force of the respective
privatization contract, within 6 months from the entry into force
of the law.
25
§ 5. (1) Archives State Agency shall be the assign of the records
from the archives, of the liabilities, assets and other rights and
duties of the General Department of Archives at the Council of
Ministers.
(2) The legal relations with the servants of the General
Department of Archives at the Council of Ministers shall be
settled according to Art. 123 of the Code of Labour and Art. 87а
of the Law on the Civil Servant and according to the structure and
staff established by the Statute Regulation of Archives State
Agency.
§ 6. Till the entry into force of the provisions under Art. 52 and
Art. 69 §2 the acting by-laws shall be valid unless they do not
gainsay this law.
§ 7. The Law on the State Archival Fonds (Prom. SG 54/1974/,
amend. SG 63/1976, 35/1977, 55/1987, 12/1993, 109/2001) shall be
suspended.
§ 8. In the Penal Code (Prom. SG 26/1968, amend. SG 29/1968 …) the
Art. 278 shall be amended:
1. In § 1 the words “archival material entering the state
archives” shall be replaced by “record/records of the National
Archival Fonds”.
2. In § 2 after the word "culture" is added "or record/records of
the National Archival Fonds".
3. In § 3 the words “archival material included in the state
archives” shall be replaced by “record/records of the National
Archival Fonds”.
§ 9. In the Law on the Cadastre and Property Register (Prom. SG,
34/ 2000; amend. SG 45 & 99/ 2002, SG 36/2004, SG 39 & 105/2005,
SG 29 & 30/2006) in Art. 12, p. 3 the word "State" shall be
replaced by "National".
§ 10. In the Law on Accountancy (Prom. SG, 98 /2001 г.; amend. SG
91/ 2002, 96/ 2004, 102 & 105/2005, SG 33, 63, 105 & 108 /2006)
the following changes shall be made:
1. In Art.
"National".
42,
§
1
the
word
"State"
shall
be
replaced
by
2. In Art. 43 the word "State" shall be replaced by "National".
§ 11. In the Law on Access to Public Information (Prom.
SG,
55/2000; amend. 1 & 45/2002, 103/ 2005; amend. 24, 30 & 59/ 2006,
26
49/ 2007) in Art. 8, p. 2 the word "State" shall be replaced by
"National".
§ 12. In the Law on the Geodesy and Cartography (Prom. SG, 29/
2006) in Art. 20, §1 и Art. 21, §5 the word "State" shall be
replaced by "National".
§ 13. In the Law on Protection of Personal Data (Prom. SG,1/ 2002;
amend. SG 70 & 93/2004, SG 43 & 103/ 2005, SG 30 & 91/ 2006) in
Art. 1, §7 shall be added at the end “as well as for the
information which is kept in the National Archival Fonds”
§ 14. В Закона за защита на класифицираната информация (Prom. SG,
45/2002; amend. SG 5/2003; amend. SG 31/2003, SG 52, 55 & 89
/2004, SG 17 & 82/2006, SG 46/2007) in Art. 33, 2 the words "State
Archival Fonds" shall be replaced by "respective State Archives".
§ 15. In the Law on the Election of People’s
(Prom. SG, 37/ 2001; 44/2001 г. – Decision № 8 of
Court from 2001; amend. SG 45/2002, SG 28, 32 &
30, 63 & 95/2006) in Art. 23, § 1, p. 22 the word
replaced by "National".
Representatives
the Constitution
38/2005, SG 24,
"State" shall be
§ 16. In the Law on Access and Revelation the Records and
Declaring the Bulgarian Citizens’ Belonging to State Security
the Investigation Services of Bulgarian People’s Army (Prom.
102/ 2006; amend. SG 41/ 2007) in § 11 of the Transitional
Concluding provisions the word "State" shall be replaced
"National".
on
and
SG,
and
by
§ 17. In the Law on the Veterans of War (Prom.
SG,152/1998;
amend.49/2000, SG 40/ 2007) in Art. 3, § 2 the words "General
Department of Archives at the Council of Ministers" shall be
replaced by "Archives State Agency”
§ 18. In the Law on the Obligatory Deposit of Copies from Printed
and Other Editions (Prom. SG,108/ 2000; amend. SG 28, 88 &
94/2005) p. 6 shall be created in Art. 9 as follows:
6. "Archives State Agency”
- objects under Art. 3, § 1, p. 1 - 5, which were created when
using archival records of the National Archival Fonds.
§ 19. In the Law on the Ministry of Interior (Prom. SG, 17/2006;
amend. SG 30, 102 и 105/2006, SG 11, 31, 41 и 46/2007) in Art.
116, § 3 the word "State" shall be replaced by "National".
§ 20. In the Tax-Insurance Procedure Code (Prom. SG,105/2005;
amend. SG 30, 33, 34, 59, 63, 73, 82, 86, 95 & 105/2006, SG
27
46/2000) in Art. 38, §1 & 2 the word "State" shall be replaced by
"National".
§ 21. The Regulations under Art. 52, Art. 69, §2 & Art. 91 shall
be adopted by the Council of Ministers within 6 months from the
entry into force of the law. The Regulation under Art. 9, §2 shall
be adopted within one year from the entry into force of the law.
§ 22. The implementation of the law shall be assigned to the
Archives State Agency’s chairperson.
§ 23. The Law shall enter into
promulgation by "State Gazette".
force
from
the
date
of
its
The Law was adopted by the 40th National Assembly on 29th June 2007
and was sealed with the official seal of the National Assembly.
Chairman of the National Assembly: Georgi Pirinsky
28