Commission for Prevention and Ascertainment of Conflict of Interest Sofia, 18 Vitosha Street, floor...

Commission for Commission for Prevention and Prevention and

Ascertainment of Ascertainment of Conflict of InterestConflict of Interest

Sofia, 18 Vitosha Street, floor 5

““Prevention and Prevention and ascertainment of conflict of ascertainment of conflict of

interest as two major interest as two major functions of the Commission functions of the Commission

on Prevention and on Prevention and Ascertainment of Conflict of Ascertainment of Conflict of

Interest in Interest in BulgariaBulgaria.”.”

28.06.2012

IntroductionIntroduction

The Commission for Prevention and Ascertainment

of Conflict of Interest was established by an

amendment of Conflict of Interests Prevention and

Ascertainment Act, promulgated in State Gazette,

issue 97/10.12.2010 , in force since 01.04.2011

Competences of the Competences of the CommissionCommission

• Competences regarding establishment of conflict

of interest

• Competences regarding prevention of conflict of

interest

Competences regarding Competences regarding

establishment of conflict of establishment of conflict of

interestinterest

PROCEEDINGS:

•For ascertainment of conflict of interests

•For administrative violations

ProceedingProceeding

for ascertainment of conflict of for ascertainment of conflict of

interestinterest

Proceeding for Ascertainment of Conflict of Interests

begins by:

•motion

•request from the person holding public office

•decision of the commission

ProceedingProceeding

for ascertainment of conflict of for ascertainment of conflict of

interestinterest

• phase of admission

• phase of gathering pieces of evidence

Pronouncing final actPronouncing final actDecisionDecision

Appealing of decision Appealing of decision before the competent before the competent

courtcourt

• Appealing before the first instance –

Administrative Court – City of Sofia

• Appealing before the Supreme Administrative

Court of the Republic of Bulgaria

Consequences of the Consequences of the decisiondecision

• Termination of labour contract

• Imposing fine

• Depriving of the benefit

• Publishing the decision on the web site of the

employer

Procedure for Procedure for administrative administrative

violationsviolations

• Serving act for establishing the violation

• Serving penal decree

Prevention of conflict of Prevention of conflict of interestinterest

• The system of declarations

• Statements and answers

• Educational work of the Commission

The system of The system of declarationsdeclarations

• Declaration of incompatibility

• Initial declaration

• Declaration for Amendment of declared facts

• Declaration on certain occasion

Statements and Statements and AnswersAnswers

• Answers to questions of legal entities and persons

on cases

• Answers to public bodies on cases

• Statements regarding the application of the law –

instructions, draft-regulations

Educational work of Educational work of the Commissionthe Commission

• Maintaining up-to-date web site

• Organization of meetings and seminars

• Publications