/ world today news/ Today, 24.10.2016, the chief prosecutor Sotir Tsatsarov submitted to the National Assembly a request to remove the immunity of the People’s Representative from the PP GERB Delyan Dobrev.
The request is based on evidence collected by the Sofia City Prosecutor’s Office for the crime of intentional bankruptcy committed by Delyan Dobrev in his capacity as Minister of Economy, Energy and Tourism, resulting in damage to NEK EAD in the amount of 4,561,697.27 euros. The act was committed intentionally, significant damage was caused and the case is particularly serious – a crime under Art. 219, para. 4, vr. para. 3, vr. para. 2 of the Criminal Code, announced the prosecutor’s office.
According to the evidence from the investigation, in 2004 “NEK” EAD conducted a procedure “Contracting with an announcement” in accordance with the Law on Public Procurement with the subject “Selection of an Architect-Engineer for the implementation of the activities under the financing and construction program of the NPP “Belene” . The contractor “Parsons & Europe Limited” /Parsons/ was selected, as a result of which Contract No. I-455-05 was concluded on 31.01.2005. The work assigned under this contract was divided into two phases: Phase I – “Phase of development and negotiation of the project” /includes selection of a contractor /builder/ of a nuclear power plant, preparation and signing of a contract/ and Phase II – “Phase of implementation of project” /includes design, quality assurance and quality control, licensing, construction, design changes, commissioning and engineering support for Belene NPP/.
On 28.03.2012, the Council of Ministers adopted decision No. 250 to terminate the construction of the Nuclear Power Plant at the Belene site. On 29.03.2012, this decision of the Council of Ministers was confirmed by the National Assembly /Decision No. 3565-NS/.
Despite the decisions of the Council of Ministers and the National Assembly to terminate the construction of the “Belene” NPP, Contract No. I-455-05 of 31.01.2005 between “NEK” EAD and “Parsons and Parsons Europe Limited” was not terminated. “NEK” EAD continued the payments under this contract, with the amount paid to Parsons after 28.03.2012 amounting to EUR 4,561,697.27.
This circumstance was known to Minister Delyan Dobrev, who, despite the rights and obligations attributed to him, did not take any action to implement the proposed and personally voted Decision of the Council of Ministers No. 250/28.03.2012 to terminate the construction of Nuclear power plant at Belene site. There are no administrative actions of any kind and written orders or instructions issued to the management bodies of “BEH” EAD, resp. to “NEK” EAD regarding activities that should be carried out in connection with the termination of the construction of the NPP, concerning the contract with Parsons. Dobrev did not take a position on these issues despite the express letter sent to him with Memorandum Ex. No. 91-RD-26/19.06.2012 by the executive director of “NEK” EAD, in which questions regarding the termination of contract No. I were developed -455-05/31.01.2005 Thus, Delyan Dobrev, as Minister of the Economy, Energy and Tourism, did not organize and control the implementation of the state policy in the field of energy in accordance with the decisions of the Council of Ministers and the National Assembly.
A legal obstacle to the criminal prosecution of Delyan Dobrev is the fact that he is currently a representative in the 43rd National Assembly and in this capacity enjoys immunity.
Following a proposal by the supervising prosecutors, made on 19.10.2016, the chief prosecutor appealed to the National Assembly, since according to Art. 70 par. 1 of the Constitution, in these cases, the Parliament is the authority that can grant permission to instigate and carry out criminal prosecution against People’s Representative Delyan Dobrev.
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