67. Are there provisions for conflict of interests for candidates and/or elected officials?

Bulgaria

Bulgaria

Answer
Yes
Source

Art. 2. "(1) A conflict of interest arises where a public office holder has a private interest that may affect the impartial and objective execution of the official powers or duties thereof. (2) "Private interest" means any interest which results in a financial or non-financial benefit to a public office holder, or to any persons having close links therewith, including any obligation assumed. (3) "Benefit" means any income in money or in property, including acquisition of participating interests or shares, as well as granting, transferring or renouncing rights, receiving a privilege or honours, acquiring goods or services gratuitously or at prices below the market prices, assistance, vote, support or influence, advantage, obtaining or receiving a promise to obtain a job, a position, a gift, a reward or a promise to avoid a loss, liability, sanction or another adverse event." 

Art. 3. "Within the meaning given by this Act, "public office holders" shall be: 1. the President and the Vice President; 2. ... 3. the NationalRepresentatives...;"

Art. 5. "A public office holder may not hold any other office or perform any activity which, according to the Constitution or a special law, is incompatible with the status thereof.

Art. 6. "A public office holder may not represent the State or a municipality in the cases where the said office holder has a private interest in the taking of a particular decision.

Art. 7. "(1) A public office holder shall not have the right, in the execution of the duties thereof, to vote in a private interest. (2) A public office holder shall not have the right to use the official status thereof in order to exert influence in a private interest on other authorities or persons in the preparation, adoption, issuance or rendition of any acts or in the fulfilment of any control or investigating functions.

Art. 8. "A public office holder shall not have the right to participate in the preparation, discussion, adoption, issuance or rendition of any acts, to fulfil any control or investigating functions or to impose any sanctions in a private interest. Any such person shall not have the right to conclude any contracts or to perform any other activities in a private interest upon execution of the official powers or duties thereof.

Art. 9. "(1) A public office holder shall not have the right to dispose of any state or public property, to spend any on-budget or off-budget resources, including resources from funds belonging to the European Union or made available by the European Union to the Bulgarian State, to issue any certificates, authorisations or licences, or to exercise control over any such activities in the interest of any not-for-profit legal entities, commercial corporations or co-operatives wherein the said office holder or any persons having close links therewith are members of a management or supervisory body, managing directors, partners, or holders of interests or shares. (2) A public office holder shallfurthermore not have the right to perform any activities covered under Paragraph (1) in the interest of any not-for-profit legal entities, commercial corporations or co-operatives wherein the said office holder has been a member of a management or supervisory body, a managing director, a partner or a holder of interests or shares twelve months prior to the date of election or appointment of the said office holder or for the duration of holding office.

Art. 10. "(1) A public office holder shall not have the right to use or to authorise the use in a private interest of any information obtained in the execution of the official powers or duties thereof, for the duration of holding office and one year after vacating office, unless otherwise provided for in a special law. (2) A public office holder shall not have the right to engage in consulting activity in respect of any persons who are interested in the acts of the said office holder issued in implementation of the official powers or duties thereof.

Art. 11. "A public office holder shall not have the right to grant consent or to use the officialstatus thereof for commercial advertising."

Art. 25. "(1) Upon receipt of an alert in cases other than those referred to in Article 24 (3) herein, the Commission for Prevention and Ascertainment of Conflict of Interest shall require the requisite information and documents from the committees referred to in Items 1 and 3 of Paragraph (2) or from the electing or appointing authority, as the case may be.

(2) The information on the alert shall be prepared in respect of: 1. the President and the Vice President, ... the National Representatives, the Prime Minister ...".

Source: Articles 2, 3, 5 to 11 and 25 (1-2), The Conflict of Interest Prevention and Ascertainment Act, 2010

Comment

There are provisions on conflict of interest for the elected officials.

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