Bulgaria

[BG] Law on Prevention and Disclosure of Conflict of Interests

IRIS 2009-2:1/10

Rayna Nikolova

New Bulgarian University

On 31 October 2008 a new Law on the Prevention and Disclosure of Conflict of Interests (Law) was promulgated in the State Gazette, issue No. 94. The new Act lays down the rules for the prevention and disclosure of conflict of interests of persons occupying public positions (see IRIS 2008-8: 6).

According to Art. 2, para. 1 of this Law a conflict of interests arises when a person occupying a public position has any personal interest that may influence the impartial and objective performance of his powers and official obligations.

Among the persons who will be affected by the Law are the members of the Council for Electronic Media and the members of the management boards of the public operators - the Bulgarian National Television and the Bulgarian National Radio.

The Law provides for various restrictions in cases of performance of public duties and also regulates the procedure for declaring incompatibility and disclosure of personal interests.

In the event of a conflict of interests the legal consequences are as follows:

1. If the Law has been violated and a situation of conflict of interests has been confirmed by a valid and final decision the person should be dismissed from his position.

2. The remuneration received during the period in which the conflict of interests was not disclosed shall be deducted by the State. In cases where the person who has occupied a public position or a person connected with him has derived some material benefit resulting from the conflict of interests, the State shall appropriate the money or the other benefits received during the non-disclosure period.

3. The names of the persons who were found to be in a conflict of interests situation shall be published on the Internet page of the respective institution.

The penalties in cases of violation of the Law vary between BGN 2,000 and BGN 15,000 (about EUR 1,000 - 7,500).