The Supreme Administrative Court (SAC) overturned the decision by which four licenses for private security activities of the company “Delta Guard” were revoked, “Lex” reported. Around the security company, there was a buzz around the “Eight Dwarfs” scandal, when Iliya Zlatanov announced that his business was taken away by former investigator Petyo Petrov – Euroto, with the help of the Ministry of Internal Affairs and Delta Guard, because the company’s employees restricted access to one of the factories of his company “Izamet”.
The license revocation procedure was opened in October 2021, while Boyko Rashkov was the Minister of the Interior. The ground was that an owner in the company was accused of an intentional crime of a general nature. Before October 29, 2022, Dimitar Spasov-Karatista and Marin Rusev each owned 50% of the company. After that date, however, the company is the sole property of Marin Rusev. It was later found out that Spasov was accused in Burgas of self-government carried out by force or threat. And the law is categorical – if there is an accusation, the license is revoked, regardless of whether there is a final conviction.
As a first instance, the Administrative Court in Sofia confirmed the order of the Ministry of Internal Affairs for the revocation of the license. The company appealed, and so the case reached the Supreme Court. Supreme magistrates Daniela Mavrodieva, Kalina Arnaudova and Vesela Andonova even appealed to the Constitutional Court on the subject, claiming that the legal texts regulating the revocation of a license without a sentence contradict the basic law. At the end of the year however, the Supreme Court ruled that there is no problem with the law.
However, the SC ruled that the 30-day period in which an owner or partner, brought as an accused, must leave the private security company, begins to run from the notification in accordance with the procedure provided for in the Civil Code, and not from the date of his involvement.
This conclusion practically predetermined the outcome of the case in the Supreme Court, since the same thesis was advocated by “Delta Guard”, according to which the first instance did not present any reasons for how Spasov could fulfill his obligation to leave the company, if he is not knew he had to because he was not notified that he was being charged. The prosecutor’s office also pleaded before the Supreme Court that the company’s complaint was well-founded.
In its final decision, the Supreme Court explicitly referred to the constitutional decision from last year.
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