THE GENERAL LAND-USE PLAN OF TSAREVO IS BEING DRAFTED IN CONDITIONS OF AN OUT-OF-DATE CADASTRE AND IN BREACH OF THE LEGISLATION, ACF HAS ASCERTAINED
07/06/2018
THE MANAGER OF THE ANTI-CORRUPTION FUND /ACF/, MIROSLAVA PETROVA, WAS ONCE AGAIN SUMMONED IN RELATION TO THE “MENKAURA” CASE, SO THAT THIS TIME SHE WAS HANDED A WARNING PROTOCOL
02/07/2018

Two criminal acts, committed under the conditions of an ongoing crime pursuant to Art. 311, Par. 1 of the Criminal Procedure Code, have been ascertained by the regional Prosecutor’s office in Blagoevgrad following an ACF signal.

Topic:

Public contracts

Status:

Crime ascertained by the regional Prosecutor’s office

Stage:

Signal addressed to ADFI and the Public Prosecutor’s office

On 23 March 2018 the Anti-Corruption Fund /ACF/ notified the Public Prosecutor’s office and the Public Financial Inspection Agency /Bulgarian abbreviation: ADFI/ of a grounded assumption about falsified data declared in the documentation of the company, which had been granted a public contract for “Implementation of Engineering – Design and Execution of Construction and Installation Works in Relation to the Realization of the National Program for Energy Efficiency of the Multi-familial Residential Buildings in the Territory of Blagoevgrad Municipality – 2nd Stage”. The public contract concerns the renovation of a “Multi-familial Residential Building – Block of Flats no. 38”, address: “Alen Mak” quarter, and is estimated to 1,158,757.3 BGN, with no VAT.

 

In its act the Regional Prosecutor’s Office – Blagoevgrad has confirmed ACF’s suspicion that the offer of the winner – “Menkaura” PLC – contains data regarding the drafting of an official document certifying false circumstances, with the purpose of being used as a proof of those circumstances. According to the Criminal Procedure Code, the perpetrator of this crime has to be punished with up to 5 years’ imprisonment.

 

Following the ACF site’s publication on this topic, the mayor of Blagoevgrad Atanas Kambitov perceived a malicious attack against himself and the Blagoevgrad Municipality. In contrast to him, however, the Prosecutor’s Office has assessed there are indications of a crime that has been committed.

 

The ordinance, via which the Prosecutor’s Office in Blagoevgrad transferred the investigation of the “Menkaura” case to the competence of the Sofia Regional Prosecutor’s Office, clearly states that the company’s manager Dimitar Atanasov has drafted two documents with false contents. Atanasov claims that “Menkaura” PLC was a subcontractor of the company “HUFU” (PLC) – another company he managed in the past – upon the construction of the kindergarten in Pleven, Bulgaria. The contract about the construction of the site, however, clearly indicates that “HUFU” PLC worked without subcontractors on that site.

In practice, we may draw the conclusion that Atanasov has falsified the background of the “Menkaura” company in order to be granted the public contract for the renovation in Blagoevgrad.


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.