THE SKI RUNS AT ALEKO LACK CATEGORIZATION AND SAFETY CONTROL ON BEHALF OF THE MINISTRY OF TOURISM. “VITOSHA SKI” HAS BEEN KEEPING 117 TERRAINS WITHOUT TENDER
16/07/2018
ACF NOTIFIED THE PROSECUTOR’S OFFICE OF AN ILLEGAL EXTRACTION OF INERT MATERIALS IN PAZARDZHIK DISTRICT
05/09/2018

THE ANTI-CORRUPTION FUND /ACF/ HAS NOTIFIED THE PROSECUTOR’S OFFICE OF THE BUILDING OF THE FORESTRY ABOVE THE “SEDEMTE EZERA” HUT

Topic:

A Ministry of Agriculture competition

Status:

Signal addressed to the Supreme Administrative Prosecutor’s Office /Bulgarian abbreviation: VAP/

Stage:

Inspection of possible violations

ACF insisted that an inspection was carried out due to suspected irregularities or violations of the law within a procedure of the Minister of Agriculture ,Food, and Forests. The building has been let out as a hunting tourism base in a territory where hunting has been banned.

The reference made in the cadastral administrative information system has revealed that the “Rilski Ezera” building /identification no. 65365.210.91.9/ is not situated in the territory of the “Panichishte” game-breeding section – it is situated in the territory of ”Rila” National Park, and the cadastral map and register indicate that the building’s functional purpose is to serve as a resort, a tourist building.

The violation of the law upon the holding of the procedure is also implied by the fact that, pursuant to Par. 1, item 15 of the Law on Hunting and Game Protection, “Bases for hunting tourism” are the buildings and the adjacent terrains and infrastructure, specialized for the needs of the hunting tourism. Furthermore, the Law on Protected Territories /as stipulated by Art. 21, item 10/ bans the game-breeding activity and the hunting, with the exception of the cases when the number of the animal species has to be regulated.

The above mentioned arguments arouse suspicion with regard to the lawfulness of the cited Order no. РД 48-5/19 January 2018.

Furthermore, on the basis of a reply to the ACF legal team’s request for an access to public information, it became clear /from the provided Protocol dated 9 March 2018 (Appendix 3)/ that, as a result of a competition held on 7 March 2018, one offer for participation came in. Due to the fact that the offer of the only participant – “Kiril Yanakiev – 72” PLC – complied with the regularity requirements, that participant was ranked first, and on 15 June 2018 Contract no. ПО-01-59/15 June 2018 (Appendix 4) was signed between “Yugozapadno Darzhavno Predpriyatie” (South-Western State Enterprise) and “Kiril Yanakiev – 72” PLC. Pursuant to that contract, the hunting tourism base is let out for a period of 15 years, in exchange for a respective yearly rent. As of the moment of signing the contract, the hunting base is turned over with the signing of a take-over certificate /protocol/.

In defense of the grounded high public sensitivity with regard to topics related to the transparent management of zones and sites in the territory of the national parks and the nature parks in the country, ACF is expecting VAP to conduct a comprehensive inspection, to collect relatable evidence, and to find out whether the law has been violated.

The fund’s team will notify you of any action or lack of action on behalf of the institutions that have been informed by us in this regard.


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.