The magistrates ruled that as a minister Stoycho Katsarov has approved a document in the interest of a non-profit association related to it. “The draft Ordinance for amendment and supplement to Ordinance No. 1 of 2014 for the approved medical standard “Clinical Laboratory” signed by Minister Katsarov took place on 18.05.2021, i.e. while yet his release as chairman and member of the Association’s Board of Directors was not entered in the TRRULNC “Center for the protection of rights in health care”, but at the same time he held and performed the position of minister,” the court decision says.
It is recalled that Katsarov was a member and chairman of the Association’s Board of Directors from its creation until 10.06.2021, the date on which he was removed in connection with his appointment as an official minister, as after his release from the government again enters the board of directors. I.e. there is a permanent relationship between the mentioned entities, necessitating their definition as related parties in the sense of §1, item 15 of the DR of the ZPKONPI, is supplemented in the decision of the SAC.
“In its practice, the Supreme Administrative Court has repeatedly indicated that for the act to be proportionate… it is sufficient for there to be a formal violation of the imperative legal provision, leading to the emergence of doubt in the manner in which the relevant public positions are carried out… The aim is to prevent doubts, that persons occupying high public positions exercise their powers on the basis of personal and family relationships, and not on the basis of legally established criteria,” the magistrates emphasized.
Katsarov was sentenced to paid a fine of BGN 5,000., to recover his daily remuneration for the day in which he was in conflict of interest, signing the draft Ordinance and to pay the costs incurred by the Commission in the case.