Positions with a high corruption risk are filled after successfully passing an integrity test, the legal committee adopted at first reading amendments to the Civil Servant Act. The submitter is the Council of Ministers (CM), BTA specified.
Two bills were considered - by the government and by Bozhidar Bozhanov from “Democratic Bulgaria“.
The approved draft law of the CM provides that within three years of successfully passing an integrity test, the person can participate in a subsequent procedure for filling a position with a high corruption risk, without having to take the test again. For a period of one year from the date of unsuccessfully passing the integrity test, the person cannot participate in a procedure for occupying a position with a high corruption risk, the deputies adopted.
A regulation of the Council of Ministers will determine the subject of the study, the general psychometric standards, principles and methods of measurement, the conditions and procedure for conducting the tests.
The current legislation lacks a mechanism for verifying the integrity of civil servants occupying positions with a high corruption risk, the explanatory memorandum states. The introduction of such a mechanism is necessary in order to ensure prevention, limit abuses of power and protect public resources.
It is also determined which employees can be appointed to such positions. Among them are the chief and administrative secretaries in the executive bodies, the permanent secretary of the Ministry of Foreign Affairs, the permanent secretary of defense and the secretary of the municipality.
According to the texts, positions with a high corruption risk are held by employees in managerial and expert positions who initiate, organize and conduct procedures for awarding public procurement contracts and conclude contracts, as well as employees in managerial and expert positions who participate in preparatory actions, in conducting procedures for determining a concessionaire or in exercising control over the implementation of concession contracts under the Concessions Act.
This list also includes employees in managerial and expert positions who participate in the preparation and granting/awarding of concessions under the Subsoil Resources Act, the Black Sea Coastal Development Act and the Water Act; employees in managerial and expert positions, performing functions of bodies for financial management and control of funds from the state budget, the European Union or foreign funds in accordance with the Public Finance Act; employees in managerial and expert positions, directly involved in the units for management and disposal of property - state or municipal property.
The positions are determined by order of the appointing authority on the basis of the approved job descriptions for the relevant positions.
Yanka Tyankova („Progressive Bulgaria“), chairwoman of the legal committee, said that there is a statement from the Minister of Justice on the draft law of the State Duma, in which a large part of the proposals are not supported.
According to „We continue the change“ and „Vazrazhdane“ it is not clear exactly how the integrity test is to be processed, especially if it is not passed. Velislav Velichkov from the PP stated that the project is institutionally justified, but unfinished and needs a major revision between the two readings.
GERB-SDF will support both bills, they are in the right direction, stated Raya Nazaryan. She believes that it is not right for the Council of Ministers to draft a regulation, this should be done by several institutions based on their experience. This is a regulation that determines the subject of the study, the general psychometric standards, principles and methods of measurement, as well as the conditions and procedure for conducting the tests. Nazaryan added that the three-year period in which the test is valid is long.
„Democratic Bulgaria“ stated that they will have their own proposals between the two readings.
The Legal Committee rejected the bill submitted by Bozhidar Bozanov from „Democratic Bulgaria“ on amendments to the Civil Servant Act. It proposed that the appointment of people with disabilities to positions be made after conducting a centralized competition in which only people with permanent disabilities participate.