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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