Политика

* It is evident from the evidence in the case that at the meeting on 18.06.2004, when the decision was taken to terminate the right of Fidel Beev as Mayor of the Municipality of Velingrad, OIC-Velingrad was sitting in a panel - Chairman, Deputy Chairman. Chairman, Secretary and 7 members. On the request for termination of the mayor's powers, the composition of the committee has voted as follows: seven votes in favor, two votes against and one abstention. In the factual situation thus set out, it should be assumed that during the meeting the committee was sitting in a legal composition, and the decision was adopted in compliance with the statutory quorum - 2/3 of those present. Beev's argument that one of the members of the commission asked for a bribe and his involvement vitiated the decision is untenable. The claim of a requested bribe does not find support in the evidence collected in the case, and even assuming that for this reason the voice of this member is invalid, then even without its participation the conditions of Article 26, Paragraph 3 and Article 34, Paragraph 1 of the MIA in terms of composition and quorum for a decision are met.
* According to Art. 38, para 4 of the LMSMA the powers of the mayors of municipalities, mayors of districts and mayoralties arise from the day of taking the oath of art. 32, para. 1. The current composition of the SAC does not share the applicant's thesis that there should be a so-called "reasonable term" in which a person from the moment of taking office as mayor should cease to carry out commercial activity or his participation as a manager or member of a supervisory, management and supervisory board of commercial companies.
* According to Art. 41, para 1 of the LMSMA, the mayors of municipalities, districts and mayoralties, and the deputy mayors of municipalities and districts may not lead political parties or their structures, to carry out commercial activities within the meaning of the Commerce Act, to be governors or to participate in supervisory, managing and controlling bodies of commercial companies and cooperatives for the duration of their term of office. The purpose of the provision is to prevent any possibility of abuse of power by the mayors of municipalities, districts and town halls. The requirement is strictly formal, valid for the entire term of office and is dictated by the will of the legislature to exclude any potential possibility of conflict of interest and abuse of official rights.
* Even if you accept the thesis of F. Beev that there exists a so-called "reasonable term" in which the mayor of a municipality should cease carrying out activities included in the hypothesis of Art. 41, para 1 of the LMSMA, the cassator has not complied with the same. As can be seen from the data of the case, the same has taken action on its deletion as a manager in Beev Group-EOOD and as an executive director of Sport Beevi-AD only on 14.06.2004, after being notified by the OIC-Velingrad about the initiated proceedings for early termination of the mayoral powers. Moreover, at the date of the ruling of the OIC and the court decision of the Pazardzhik District Court, the cassator was not deleted as a partner and manager of SD "Bevi Brothers" - Kostenets. It is evident from the written evidence presented in the present instance, only by a decision of 07.07.2004. F.D. No. 2704/93. The Sofia District Court has deleted Fidel Beev as manager of the collection company. It is irrelevant when the request for deletion was made and for what reasons it was delayed.
* From the evidence in the case it is established in an indisputable and indisputable way that at the date of taking the oath, i.e. at the beginning of the term of office - 28.01.2004. F. Beev had an interest as a partner or manager in the following companies:
1. sole owner of the capital and manager of "Beev Group"-EOOD-Velingrad, as manager of the same was deleted by a decision of 14.06.2004. of the Pazardjik District Court, but also currently continues to be the sole owner of the capital ;
2. Executive Director of Sports Beevi AD; as such, it was deleted by a decision of the Pazardzhik District Court dated 14.06.2004. ;
3. partner and manager of Beevi Brothers Ltd., was deleted as a manager by a decision of 26.02.2004, but continues to be a partner in the company;
4. partner and manager of general partnership "Breja Beevi" with headquarters in Kostenets, deleted as a manager of the company by a decision of 07.07.2004, continues to be a partner in the same;
5. manager of "Transauto" Ltd., deleted as such on 27.02.2004; sole owner of the capital of the company is SD "Brothers Beevi" - Kostenets.
6. manager of "Chepino Autotransport" Ltd.; as such deleted on 26.02.2004, the owner of the capital of the company is SD "Breja Beevi" - Kostenets.
7. partner and manager of Beev and Beev Ltd.-Velingrad; deleted as manager on 25.02.2004, continues to be a partner in the company.
With these actions, Fidel Beev has violated one of the prohibitions under Art. 41, para 1 of the LMSMA - to be a manager of commercial companies during his term of office...
* Fidel Dimitrov Beev has also allowed violation of the second prohibition of Art. 41, para 1 of the LMSMA - not to carry out commercial activities within the meaning of the Commerce Act. Fidel Dimitrov Beev continues to be a partner in the collection company "Brothers Beevi" - Kostenets, of which he was also a manager until 07.07.2004, it should be assumed that he was engaged in commercial activities through his participation as a partner and manager of "Brothers Beevi" - Kostenets. The same company supplied fuel to municipal schools and kindergartens in the town of Velingrad during Fidel Beev's term as mayor. For these deliveries, it is irrelevant that they were carried out in pursuance of a contract concluded before the election of the person as mayor. The collective company in question is the sole owner of the capital of Transauto-EOOD and Chepino Autotransport-EOOD...and through these two sole companies the complainant has carried out commercial activities during his term of office.
We lead from the above and on the base article 40, para 1 of the ZVAS, the Supreme Administrative Court, the third ward, Decided:
REMAINS IN FORCE THE DECISION of the Pazardzhik District Court of 06.07.2004, rendered under the adm. No. 746/04.
Judge Fidel Dimitrov Beev from the town of Velingrad, 27A Hr. Yasenov Str. to pay the Municipal Electoral Commission-Velingrad costs of the case in the amount of 750/seven hundred and fifty/leva.
The decision is final and not subject to appeal.