The Anti-Corruption Fund (ACF) alerted the Minister of Regional Development and the Minister of Environment and Water about the inaction of local and state institutions in the case of the illegal construction of Smokinite-North beach.
In a signal to the Minister of Regional Development and Public Works, the ACF insisted that the Minister exercise control over the refusal of the mayor of Sozopol Tihomir Yanakiev to conduct an inspection to determine whether there is illegal construction on the beach and order its removal. The mayor’s refusal is despite the opinion of the Directorate for National Construction Control (DNCC) issued in July 2021 that an illegal construction was built on the beach.
In August, the ACF sent a signal to the mayor of Sozopol, presenting the opinion of ACF and DNSK experts that it was an illegal construction and urging the mayor to exercise his legal powers – to conduct an on-site inspection, ban the use and access to site on the beach and issue an order to remove it. In response in September, Mayor Yanakiev said he could not issue such an order, as „so far there is no administrative or judicial act certifying the“ relocated site „as a“ construction „to be removed.“
AFC clarifies:
„This answer means that the mayor, in essence, refuses to exercise his legal powers of administrative control over spatial planning and construction, as he is legally responsible,“ said Daniela Peneva of the Anti-Corruption Fund’s legal program.
„The Law on Spatial Planning clearly states that it is the employees of the municipality, on behalf of the mayor, who inspect and determine whether the site is an illegal construction, and the mayor issues an order for its removal. In other words, the mayor of Sozopol said he could not remove the site because he himself had not issued the necessary act.“
The ACF urges the Minister of Regional Development and Public Works to commission an investigation into the case of Figs North Beach and to give clear instructions for implementing the law and issuing the necessary acts to eliminate illegal construction on the beach. By law, the Minister of Regional Development provides methodological guidance and exercises control over the overall activity of spatial planning and coordinates the activities of construction control bodies.
The ACF also sent a signal to the Minister of Environment and Water with a request to order an inspection of the actions of the territorial structure of the Ministry, the Regional Inspectorate of Environment and Water (RIEW) – Burgas. From the response of the ACF inquiry to RIEW-Burgas it is clear that the RIEW has not complied with the procedures under the Environmental Protection Act (EPA) and the Biodiversity Act (PSA) and has not assessed the environmental impact of construction activities on Smokinya beach, although it is a protected area.
In his response to the ACF, the director of RIEW – Burgas stated that the procedures under the EPA and the PSA are not applicable in the case of the beach „Figs North“ and therefore the assessment of the investment intention has not been performed at all. There is no evidence that the RIEW has inspected what is actually built on the beach „Figs North“.
The construction of the beach „Figs-North“, performed by the concessionaire of the beach „Black Sea Coast Group“ Ltd., became clear from media reports in May 2021. Then the representative of the concessionaire Ivan Alexiev defended the claim that it is not a construction but „Installation of a movable object“ for which all necessary documents and permits have been issued.
In July 2021, the DNSK submitted a signal to the Supreme Administrative Prosecutor’s Office due to the issued permits for placing movable objects on the beach. According to the DNSK signal, inadmissible construction and installation works are being carried out on the beach, and the permits for the placement of sites „legitimize the construction, creating the legal appearance that relocated sites will be performed, not construction activities.“ The DNSK signal came a day after the ACF asked the regional development minister to issue an opinion on whether there was illegal construction on the beach.
„We believe that local and state institutions are refusing to fulfill their legal functions in the case of Smokinya Beach. The question is how it came about to build on a protected area and what else is needed to remove this construction, since it is clear that it is illegal. We believe that in this case the institutions are in serious debt to society and we will continue to insist on an adequate response. Adequate resolution of the present case is of utmost importance for the protection of Bulgarian sea beaches, for the development of tourism, as well as for the establishment of the principle of legality and protection of the public interest in the long run“, said Boyko Stankushev, Director of Anti-Corruption.
