A SIGNAL OF THE ANTI-CORRUPTION FUND /ACF/ REGARDING SUSPECTED IRREGULARITIES IN PUBLIC CONTRACTS OF THE MINISTRY OF INTERIOR /MOI/
08/04/2018
ADFI ASSIGNS A FINANCIAL INSPECTION AT THE MINISTRY OF INTERIOR /MOI/ AS A RESULT OF A SIGNAL LODGED BY THE “ANTI-CORRUPTION FUND”
14/05/2018

ACF NOTIFIED THE COMMISSION ON COUNTERACTING CORRUPTION AND THE FORFEITURE OF ILLEGALLY ACQUIRED ASSETS /BULGARIAN ABBREVIATION: KPKONPI/ IN VIEW OF CONDUCTING AN INSPECTION FOR ASCERTAINING A PROPERTY ILLEGALLY OBTAINED BY THE MAYOR OF PAZARDZHIK, BULGARIA

Topic:

Undeclared circumstances

Status:

Inspection

Stage:

Signal addressed to KPKONPI

Mr. Todor Popov has been violating the legal requirements for declaring a potential conflict of interest for more than 9 years.

The publicly accessible information on the Pazardzhik Municipality website reveals that Mr. Todor Popov has not filed any declarations pursuant to Art.12, Par.2 of the Law on Prevention and Ascertainment of Conflict of Interests /LPACI/ /rescinded/. Mr. Todor Popov occupies the position Mayor of Pazardzhik Municipality since 2007, and, pursuant to §2 of the Transitional and Final Provisions of LPACI /rescinded/, was obliged, in his capacity of a person occupying a public position, to file the respective declaration within 3 months, reckoned from the enactment of the law (1 January 2009). Mr. Todor Popov is also obliged to file a declaration as an individual occupying a superior public position, pursuant to the newly passed Law on the Counteraction to Corruption and the Confiscation of Illegally Obtained Property /LCCCIOP/ (Art. 35, Par.1, Item 2). Such a declaration has not been published yet, either.

The above information clearly shows that Mr. Todor Popov has been violating the imperative legal requirements for declaring a potential conflict of interest for more than 9 years. In case a person fails to observe the legal obligation to file a declaration, this is considered an administrative offence, both pursuant to Art. 34, Par. 1 of LPACI /rescinded/, and Art. 173, Par. 1 of LCCCIOP.

Considering the above findings, the ACF legal team deems that the committee should assess whether there are grounds, so that an administrative sanction is imposed with an act/order of the Chairaman of the Committee, pursuant to Art. 173, Par. 1 of LCCCIOP.

Furthermore, based on a number of data from media investigations and publications in the past years, indicating the family’s high living standard and claiming discrepancy between the income declared and the expenses associated with the provision of that standard (a conclusion initially drawn by the National Revenue Agency organs as well, substantiated by inspection certificate no. Р-16001315002845-091-001 dated 2 December 2015), the ACF legal team recommends that the organ makes an assessment of whether the hypothesis of Art. 108, Par. 6 of LCCCIOP is available – starting an inspection for ascertaining illegally acquired property, combined with a failure to file a declaration within the stipulated term, pursuant to Art. 35, Par. 1, Item 2 or 4 of the law.

 


Criminal Procedure Code of Bulgaria

Cooperation by the public
Article 204: Pre-trial bodies shall widely use the assistance of the public in order to discover the criminal offence and to elucidate the circumstances of the case.

Obligation of the citizens and officials to notify
Article 205: (1) Where they come to know about a perpetrated publicly actionable criminal offence the citizens shall be publicly obligated to notify forthwith a body of pre-trial proceedings or another state body. (2) Where they come to know about a perpetrated publicly actionable criminal offence the officials must notify forthwith the body of pre-trial proceedings and take the necessary measures for the preservation of the general setup and data about the crime.