2024-02-11 04:32:08
Both decisions were signed with a dissenting opinion by one of the judges
February 9, 2024 turned out to be a good day for the former deputy mayor for construction of Plovdiv Plamen Raichev, because on that date the Administrative Court annulled with final decisions 2 of the fines imposed on him of BGN 5,000 each. Carried out by the State Financial Inspection Agency ( ADFI) audit of the municipality in the previous term ended with documents for about BGN 100,000 to Raichev and all of them are for violations in public procurement procedures. He appealed, and not all cases are over.
The criminal decrees canceled yesterday are for the selection of a builder for the “Botev” stadium and for the rehabilitation of 5 blocks. According to the financial auditors, the violation is that in both competitions, Plamen Raichev, as the contracting authority, set the requirement for the presence of certain personnel and as an indicator for evaluating the offer, and without meeting this criterion, a participant would not be admitted to the competition.
At first instance, the District Court in Plovdiv confirmed the acts of ADFI, but the administrative magistrates annulled them on the grounds that the evaluation of the available personnel is related to the quality of the work to be done. However, both decisions were signed with a dissenting opinion by judge Yanko Angelov. “From the collected evidence, it is indisputably established that Plamen Raichev, in his capacity as deputy mayor, violated the prohibition of the Law on Public Procurement by including selection criteria as indicators for evaluating the offers, i.e. he provided for the same criteria to serve both as a basis for admission to participation in the procedure, and as a basis for evaluation and ranking,” the magistrate wrote.