ACF alerted two ministers about the inaction of the local and state authorities with regards to the illegal construction on Smokinya Beach
The Anti-Corruption Fund (ACF) alerted the Minister of Regional Development and the Minister of Environment and Water about the inaction of the local and state authorities with respect to the case of the illegal construction on Smokinite-Sever Beach.
In its report to the Minister of Regional Development and Public Works, ACF urged the minister to review the refusal of Sozopol’s mayor, Mr. Tihomir Yanakiev, to investigate whether there is an illegal construction on the beach and in the event there is, to order its removal. The mayor issued his refusal despite a July 2021 opinion of the National Construction Control Directorate (NCCD) that there is in fact an illegal construction on the beach territory.
In August 2021, ACF referred the case to the Mayor of Sozopol — together with the opinions of the ACF and NCCD experts that there is an illegal construction on the beach — and asked the Mayor to conduct an on-site inspection, cut off access to the beach, and issue an order to remove the construction. In his response of September 2021, Mayor Yanakiev claimed that he cannot issue such an order, as “to date, there is no administrative or judicial act that identifies the ‘movable unit as a ‘construction’, which would justify a removal procedure.”
“This response in essence means that the Mayor refuses to exercise his administrative review powers with respect to spatial planning and development, which he is legally obliged to do,” states Daniela Peneva of ACF’s legal team. “The Spatial Planning Act clearly stipulates that on assignment by the mayor, municipal officials shall conduct an inspection and ascertain whether a unit represents an illegal construction, and the mayor shall issue the removal order. In other words, the Mayor of Sozopol says he cannot remove the unit because he himself has not issued the necessary administrative act.”
ACF urges the Minister of Regional Development and Public Works to order an inspection on the Smokinite-Sever case and to give clear instructions on how to apply the law and issue the necessary documentation for the removal of the illegal construction from the beach territory. By law, the Minister of Regional Development manages and oversees special planning in the country and coordinates the work of the construction control authorities.
ACF also referred the case to the Minister of Environment and Water, requesting an investigation on the actions of the Ministry’s territorial unit.
The Regional Inspectorate of Environment and Water (RIEW) – Burgas. From the response of the RIEW – Burgas to an inquiry by ACF, it becomes clear that the RIEW has not observed the procedures laid down in the Environmental Protection Act (EPA) and the Biological Diversity Act (BDA), and has not performed an environmental impact assessment on the construction works on Smokinya Beach, even though the beach is a protected area. In the said response, the Director of the RIEW – Burgas claimed that the procedures under the EPA and the BDA were not applicable in the Smokinite-Sever Beach case, which is why an investment intention assessment has not been made. There is no evidence that the RIEW investigated what has actually been constructed on Smokinite-Sever Beach.”
The construction on Smokinite-Sever Beach, executed by the beach concessioner — Chernomorska Bregova Grupa OOD — was exposed in media publications in May 2021. Back then, the concessioner’s representative, Ivan Aleksiev, argued that there were no construction works, but only an installation of a movable unit,” for which all the necessary documents and permits had been issued.
In July 2021, the NCCD submitted a report to the Supreme Administrative Prosecutor’s Office in relation to the issued permits to install movable units on the beach. According to the report, there are illegal construction works taking place on the beach, and the permits to install movable units “legitimize the construction process by creating the appearance that there are no construction works, but only an installation of movable units.” The NCCD report was submitted one day after ACF urged the Minister of Regional Development to make a statement as to whether illegal construction was taking place on the beach.
“We are of the opinion that the local and state institutions refuse to fulfill their legal powers with respect to the Smokiniya Beach case. The question is how construction works took place in a protected area, and what more has to be done to remove the construction, when it is clear that it is illegal.
We believe that the competent institutions have a duty to the public, and we will continue to press for an adequate reaction. The adequate resolution of this case is of great significance for the conservation of the Bulgarian shoreline, for the development of tourism, and for upholding the rule of law and the protection of public interests in the long term,” says Boyko Stankushev, Director of the Anti-Corruption Fund.