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Traicho Traikov PHOTO: Archive
On the occasion of publications in the media for a decision of the Administrative Court of Sofia – city / ACCG /, by which KPKONPI was ordered to pay to Traicho Traikov compensation for the moral and material damages suffered by him, as well as with motive of public statements by Mr. Traikov in this regard, the Commission’s Press Office provides the following information: In August of this year. ACCG awarded compensation to Traicho Traikov for non-pecuniary damage and loss of earnings as a result of a decision of the Commission for the Prevention and Establishment of Conflicts of Interest / CPACI /, which established a conflict of interest with respect to Traikov in relation to the granting of a concession to Kaolin AD. The process to establish the conflict of interest was carried out in 2012 at the signal of Traikov himself, after his dismissal from the post of Minister of Economy, Energy and Tourism.
We remind you that Traicho Traikov, former Minister of Energy and current mayor of the capital district of Sredets, KPKONPI condemned. The commission must pay him nearly BGN 100,000 for lost profits and non-material damage, together with interest, due to a conflict of interest proceeding against Traikov.
In 2019, one day before the expiration of the five-year statute of limitations to seek liability, Mr. Traikov filed a lawsuit under the State and Municipal Liability for Damages Act / SMRDA / against KPKONPI, as the legal successor to KPUKI . ACCG’s decision is not final. Within the legal term, KPKONPI filed a cassation appeal with the Supreme Administrative Court (SAC).
The complaint indicates that when the procedure to establish a conflict of interest ended, the provisions of the Law on Prevention and Establishment of Conflicts of Interest / CIPAA – repealed / were in force. According to the Fifth Chapter of the law in force at that time, a person who holds a public office does not have the right to enter into employment contracts or other contracts with commercial companies in respect of which he has performed administrative or supervisory functions for one year since your dismissal. In this regard, the ACCG has unreasonably accepted Traikov’s claims of lost profits – that he could not take the proposed management positions, in his opinion, in international companies / incl. EVN AG, with a subsidiary EVN Bulgaria / as a result of the negative response to the decision to establish a conflict of interest of CPACI.
The impossibility of Traicho Traikov to start working in the positions to which his claim refers is actually due to the prohibition of the law, in the scope of which he falls in his capacity as a person holding a public office – Minister. The CCIP’s decision is not related to these circumstances, so the State, represented by the Commission, should not owe compensation. Even without that decision and the alleged response from it, Mr. Traikov would not be able to start working in such companies, because it is prohibited by law.
KPKONPI also objected to Mr. Traikov’s claims of non-pecuniary damage, which were expressed in “mental pain and suffering” and “tarnishing the good name” due to the wide coverage of the case in the public sphere. The Commission is obliged by law to publish its decisions on its official website and this is done for everyone, incl. and Mr. Traikov. In this sense, the growing journalistic interest in him is not conditioned by the publication of the CPACI decision on the departmental website, but by the high public position held by Traikov, then Minister of Economy, Energy and Tourism.
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