1. LAW AS A FACTOR OF NATIONAL SECURITY NATIONAL SECURITY Petar Hristov, Elisaveta Ganeva, Iliyana Kostova

2. The term ‘national security’ after 1991 has been used: in 6 texts of the Constitution of the Republic of Bulgaria; in more than 60 laws; in about 200 sublegal legislative acts; more than 50 times by the Constitutional Court

3. The Bulgarian law-maker has not yet designed a legal definition of the contents included in the term ‘national security’. According to the Constitutional Law (Decision No 5/18.04.2003 on CC No 5/2003 ) it can not be stated that the term „national security” is impossible to be defined. The case is that there is a „regognized, steady judicial technique which gives delegation to the organs of authority in the frame and way of development to interpret terms based on existing realia. This is so because exact definitions set a difficult to be changed, conservative legal order which can be a serious obstacle for effective management. A good illustration of the above said is the Concept for National Security.”

4. In the present legislation it is difficult to find orienteering signs which can be used as criteria to unify the concepts on the contents of the term „national security”. The comparatively multiple usage of the term in the Constitution allows to make a try for a typology which can reveal certain определени similarities and differences with other terms. The only conclusion is that in the Constitution of the Republic of Bulgaria national security has received a role of national value territorial integrity, sovereign and country’s independence (art. 9 and art. 24 par.2), rights and freedoms of citizens, the welfare of the Bulgarian people and the establishment of just international order (art. 24 par. 2, art. 35 par. 1) and national health, public order and moral (art. 35 par.1, art. 41 par. 1 and 105 par.2).

5. The definition of the term „national security” given in the Concept for National Security, accepted with a decision of the National Assembly from 16.04.1998 „There is national security when there is protection of the basic rights and freedoms of Bulgarian citizens, state borders, territorial integrity and independence of the country, when there is no danger from armed attack, forced change of the constitutional order, political dictatorship or economic force over the country and a democratic functioning of state and civil institutions is guaranteed as a result of which the society and nation keep and increase their welfare and development.”

6. The definition which is inside the Conception for National Security from 1998, as well as the structure and basic ideas in this conception to a great extent repeat the Russian Law „О безопасности (About Security)” from 1997 in which lay the basic ideas from the Conception for Security of the Russian Federation, published in 1996 by a group of scientists from the Academy of FSB, headed by prof. Avdeev

7. The review of the constitutions of the EU countries and the USA shows that the term „national security” is used only once in the Constitution of the Republic of Greece /art. 48/. It says that the Parliament, according to a suggestion by the Government, when there is a direct threat for national security, as well as in cases of war, mobilization because of external danger and if there is military attempt to remove за democratic government, can introduce military status and stop the action of part of the Constitution over the whole territory of the country or parts of it.

8. „national security” „national security” The term „national security” is stated in the USA political documents at the beginning of 20 century and it was wide in use when the Law of National security was confirmed in 1947. However the American legislator didn’t defined the term „national security”.

9. Not earlier than 1969 in the International Encyclopedia of the Social Sciences. N.Y., 1969, p. 386 it is stated that „national security” means the ability of the state to protect national values from external threats.

10. The state originates more than Държавата възниква 4500 ago when elements of political organization appear in society. The political thought comes to the term „state” not earlier than 16 th century in its efforts to separate the power from the personalities which exercise it. This concept for the future is the base for the law itself – a combination of rules which by imposing their discipline orientate the behaviour of the individuals, so that the desired future can be achieved. These rules are norms of the law. /George Burdaux/

11. The lack of legal definition of the contents of the term „national security” is a result of the insufficient development of the Bulgarian political and legal theory.