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2012-06-07
Корупцията, без която не можем |
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2012-06-01
Procurement and external aid: OLAF investigations further concentrate on sensitive areas of the EU budget |
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Education centres in Bolivia that were billed but never built, an accountant siphoning off fictitious rental payments in a Commission delegation, farmers claiming subsidies for citrus fruit they never harvested, importers evading millions of Euros in anti-dumping duties on the importation of Chinese bicycles to the EU: These are only four examples demonstrating the large variety of cases in which the European Anti-Fraud Office (OLAF) intervened in 2006. OLAF presented today in Brussels its new Annual Activity Report which illustrates its work inside and outside of the EU in 18 case studies and numerous statistical tables. At the end of 2006, OLAF was investigating a total 431 cases
“Procurement in all possible contexts and external aid remain particularly sensitive areas for the EU budget”, OLAF Director General Franz-Hermann Brüner said on the occasion of the presentation of the new OLAF Activity Report in Brussels. “That is why, in the coming years, we will concentrate even more of our resources on investigations in these areas”, he explained. Mr Brüner added: “But we cannot go for it alone: It is crucial for OLAF’s success that in our task of protecting the European Union’s financial interests against fraud, corruption, smuggling and other criminal acts we can continue to build on the close cooperation of our partners in the Member States and beyond”.
Within as well as outside the EU institutions OLAF is trusted for dealing efficiently with new information on potential irregularities, fraud or corruption: The volume of information received by the Office has constantly increased from 529 new items in 2002 to a new high of 826 in 2006. At the end of the year OLAF was investigating a total of 431 cases.
While the preventive effect of OLAF action cannot be measured in figures, in 2006 a sum exceeding 450 million Euros was recorded as recovered in the context of OLAF cases. This amount arises from the cases OLAF closed in 2006 (about 114 million Euros) and the actions that were in the follow-up phase at the end of the year (about 336 million Euros). The total financial impact of all cases investigated by OLAF since its creation in 1999 is estimated at over 7.3 billion Euros.
In 2006 OLAF reinforced its strategy to focus on major, complex fraud cases, both within the European institutions or agencies and in sensitive areas of the EU budget. The reorganisation of the Office in 2006 reflects this continuing concentration on its key tasks: OLAF’s new structure provides for two operational and investigative Directorates, one dealing with investigations internal to the EU Institutions and other bodies and with fraud in expenditure programmes managed directly by the European Institutions. The second one deals with cases in those areas of the EU budget where responsibilities are shared between the Commission and the Member States, like Own Resources, agriculture and structural actions. A third Directorate provides specialist operational support, such as analysis, legal advice on criminal law, and the infrastructure for joint Customs operations.
Internal investigations
As far as irregularities within the European institutions themselves and in other bodies like EU agencies are concerned, OLAF was investigating a total of 69 internal cases at the end of 2006 equalling 16 percent of all its cases under investigation at that time.
The figures and the information reported are a clear indication of how seriously irregularities, fraud and corruption are being taken by OLAF and the European Institutions in general. They also show that the joint action of OLAF and its national and international operational partners, like Eurojust and Europol or the UN and the World Bank, must not be softened but shall be further reinforced.
The European Anti-Fraud Office issues an annual report on its independent operational activities during the previous year. This report has to be distinguished from the European Commission’s annual “Report on the Protection of the financial interests of the Communities - fight against fraud” which is being published at the same time.
Both reports are available for download on the OLAF website:
http://ec.europa.eu/comm/anti_fraud/reports/index_en.html
Alessandro Butticé
Spokesman of the European Anti-Fraud Office (OLAF)
Tel : +32 (0)2 296.5425
Fax : +32 (0)2 299.8101
E-mail: olaf-press@ec.europa.eu
http://ec.europa.eu/olaf |
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2011-11-04
Annual balancing of Limited companies |
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"PYS Consult" Ltd. reminds its clients, who have registered companies in Bulgaria in 2011 that the newly formed ones are subject to annual balancing in relation to the regulations of the Corporate Income Taxation Act. The financial year starts from 01st of January to 31th of December and the tax return should be submitted no later than 31th of March. The taxes must be paid within a period of 15 (fifteen) days as of the date of submitting the Tax return declaration. Each company (operational or dormant), during the tax period must submit a Tax return declaration. The fine for failure to submit this is 2500 BGN. You, as Managers or shareholders (associates) in these companies, are personally responsible to make sure these documents are submitted on time to the respective tax authorities and offices. |
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2008-10-31
National Conference |
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At the end of October month under the patronage of the President Georgi Parvanov in Sofia was held a National Conference Property fraud - problems and counteraction, organized by the Union of Jurists in Bulgaria. In his speech, the President focused on stabilizing the economy, based on clear ownership relations, which inevitably is a prerequisite for achieving social progress, continuing of democratic processes and improving all areas and sectors of the social, business and economic life. According to the head of state in the Constitution are laid down complex requirements and therefore are introduced a number of legal mechanisms against abuse of rights, monopoly and unfair competition, these rules are focused at creating of security and protection of the civil and economic interests. Despite the already established legal protection, however there is still lack of complex of legal legislations and regulations to fill in the vacuum in the normative organization.
To participate in the conference were invited also the Chairman of the Supreme Court of cassation in Bulgaria, Professor Lazar Gruev, Chief Prosecutor Associate professor Boris Velchev, Minister of Justice Mrs. Miglena Tacheva and Minister of Interior Mr. Mihail Mikov. The main purposes of the conducted conference are changing the Bulgarian criminal and civil legislation in order to prevent and counteract crimes related to property and to optimize the interaction between the state institutions in the country in the fight against property fraud. Considering the opinions of the participants in the forum it was categorically concluded that property frauds are definitely a threat to the country's legal system. The mass practice of creating false and not genuine powers of attorney, wills and other types of documents to be used for the transfer of property and disposal of other real rights, was discussed as well. It was noted that in carrying out these frauds the beneficiaries are individuals - tramps or people with mental abnormalities, not bearing criminal responsibility, which speaks of the existence of flexible and refined property mafia, assisted by the lawyers and relying on the support of notaries.
A number of measures were proposed, they were related to initiating of a change in our national legislation in connection with the process of transferring real estates. Also it was mentioned that some of the regulations, creating legal mechanisms in the Bulgarian civil law had not been changed as ideology for more than thirty years. It was recorded also the urgent need for updating the laws, defining the way for transformation of property, considering a number of altered factorsin the national economic reality and the greatly developing property market. Identified were specific measures for prevention, as one of them was limitation of the number of people who may be proxies in real estate and legal transactions, modernization of the process of publishing and archiving of official documents such as proxies, drawings and certificates for inheritors. The lawyers involved in the forum suggested the Ministry of Justice, along with the Notary Chamber and non-governmental organizations to analyze and initiate changes in the civil legislation in order to expedite the proceeding in civil cases, in which a sinister element exist in the ownership of real estate, as well as providing controlled, motivated and permited access to records of the Registry ofices. By the Chairlady of the Board of the Bulgarian Association of Judges Registrars " Mrs. Margarita Shivacheva it was developed and a new idea for establishing a register of powers of attorney, which will allow to be determine whether the present will of the authorizer is still valid or the given powers are withdrawn. This is a possibility to provide a preventive mechanism that ensures the prevention of fraud unreal proxies. This will minimize the risks at the time of the transfer of ownership by proxy before a notary, as well as when issue a certified copy of the deed from the Judge Registrar.
Speaking to the participants in the forum organized by the "Union of Jurists in Bulgaria and the Ministry of Justice with the assistance of the Ministry of Interior, the Supreme Judicial Council, the Supreme Court of Cassation , Prosecutor's office, the National Investigation Service, the Supreme Bar Council and Notary Association, there were marked the emerging issues at that the public sector. From the reports read at the conference it was clearly outlined the need to reform the legislative mechanisms to protect the rights of an owners of real estate. As one of the main problems laid down were the mechanisms for issuing Certificates for inheritors, the lack of opportunity to carry out checks on delegation of authority and withdrawal rights related to real estate and many legal uncertainties regarding criminal responsibility for crimes related to real estate properties. The chairman of the Notary Association notary Dimitar Tanev presented a set of ideas for development and changes in the Notary non-contentious proceedings, creating more safety for notaries in checking the identity of people involved in real estate transactions. The Chairlady of the Board of the Bulgarian Association of Judges Registrars Mrs. Margarita Shivacheva - Judge Registrar provided a motivated motion for the creation and implementation of a Uniform National register of entry and withdrawal of proxies in order to prevent property fraud.
In the accepted final Declaration it was offered the Ministries of Interior, Justice, Regional Development and Public Notary Association to find a common solution for controlled and motivated remote access of notaries to the array at the Ministry of interior of identification documents, books and records of the Registry Office and ESGRAON . With the proposed innovations at the Conference will be created significant guarantees of civil and business turnover in the country and will protect the interests of Bulgarian citizens and foreign investors of one hand. On the other, it will assist the process of unloading our already overworked judicial system of many cases, which are the only way of protection under the current legislation. The introduction of these preventive means will impede the possibility of carrying out abuses from unconscientious citizens and it will create a secure climate in our country as part of the Euro zone. The settlement of those public relations adequately, a way meeting the needs of the changed reality, will establish Bulgaria as a favorable investment environment in the European Union.
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2008-10-24
ACTUAL PRACTICAL ISSUES, CONCERNING THE ENTRY OF CIRCUMSTANCES IN THE TRADE REGISTER BY BATCH OF MEDICAL ESTABLISHMENTS TRADERS ENTITIES |
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Resume:rnThe article presents a brief description of the new Law of Commercial Register. The actuality of the topic is been adduced, because of the three-year period given, in which all traders should conduct its services under the new rules. Adverse consequences of waiving the company are clarified, which are primarily related to the impossibility of certain facts, documents and circumstances to be published in the register. For the medical institutions themselves, the most important consequence is that the rights of the newly appointed management and representative bodies of the hospital occurred only after the entry of this fact in the register. It has been done an analysis of several hypotheses of non-entries, for example - lack of validation of copies of the acts of medical establishments, breach of the circle of persons who may be applicants in entry features in medical entities, which are managed by a procurator , problems with depositing the application electronically and others. Finally the legal consequences of missing the deadline for the preregistration services are presented. Overall, the article aims practical usefulness and prevention of errors and is accompanied by selected jurisprudence on the most common problems.rnrnAuthor - Peter BAKARDZHIEV is a lawyer at a Law Company "PYS Consult Ltd. and VIP Trading Inc Ltd. He has been a consultant to a number of medical entities, District Health Centres, Sofia Municipality. He has worked in the area of administrative, commercial, medical law and trade procedures. He is a legal expert and member of the Bulgarian Association of Judges Registrars. |
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