SCPC to prosecute prosecution against a public utility for suspicions of illegal public procurement

The State Commission for the Prevention of Corruption (SCPC) has decided to submit an initiative for prosecution to the Basic Public Prosecutor’s Office against a public utility for suspicions of illegal procurement procedures regarding the treatment of a city landfill.

The applicant, as the rapporteur on Biljana Karakasova Shulev informs at today’s 19th session, stated in the application that for the same or similar public procurement case in 2021 the value was greater than in 2022, and according to him as it became the same, ie identical specification in the first year.

-We requested that the entire documentation were requested and provided for the allegations of the application, we concluded that the key factor that influenced the price difference was to reject the offer of one economic operator in 2021. Given that the additional security list was provided as a condition for the qualitative selection, the contracting authority could have requested clarification or supplementation of the documentation as committed in the public procurement in 2022, but this was not done in the public procurement procedure remained an economic operator. The analysis of the two public procurement procedures indicates that the public company serves as opposed to the principles of competition between economic operators and equal treatment and non -discrimination. Namely, the stated point out that in the tender documentation in 2021 technical specifications that do not match the actual products on the market have been identified, it follows that there is a suspicion of misunderstanding the specifications of products that do not exist on the market. Additionally, the insight into the documentation for the two procurement of the two procurement cannot be determined with certainty what was delivered- said Karakasova Shulev.

Members of the Commission have decided to submit an initiative for prosecution to the Public Prosecutor’s Office.

The anti -corruption officials at today’s session also reviewed a report against the director of the Penitentiary Correctional House with allegations of abuse of power and authority, which was closed, due to lack of elements for further action. According to SCPC member Zoran Bogoevski, according to the report, the director paid them a salary, although they did not appear to work, causing material damage to the institution, and at the same time the report stated that illnesses were used and abused.

-Due to the verification of the allegations and determining the factual situation we addressed the State Labor Inspectorate with a request for extraordinary inspection. The Inspectorate has acted. Two inspection were carried out and the minutes were submitted to us that we found that the Inspectorate did not identify violations, ie, according to the inspection of the electronic records, there was no absence of the staffed employees while in terms of abuse of illness were issued by a health institution. The SCPC has found that there are no elements for further action- said Bogevski.

The SCPC also reviewed and reports of property for two persons, the director of the Kumanovo General Hospital and the Director of the Kumanovo Health Center. The SCPC has found that the first person from the date of appointment to termination has submitted a statement of property to the SCPC, and it has been stated that the person was not named for Acting Director but was authorized, making the case a decision to stop.

Anti -corruption officials also considered allegations of dissatisfaction with the actions of the Denationalization Decision decision on a denationalization request. According to the report, the applicant, together with other applicants, submitted a denationalization request in December 2007 to the Office for Property Legal Robotots, in connection with the return of ownership of real estate that was previously revoked. The applicant states that the request has not yet been acted.

The application stated that this case was conducted before the Administrative Court that had ruled to allow guidance to allow the required denationalization as well as guidelines from the court that were to be followed by the first instance authority in this case the Commission of the Ministry of Finance. The plaintiff’s lawsuit was upheld by the Administrative Court, and the denationalization decision was annulled and the Commission was ordered to adopt a new administrative act for which the report had not yet been acted.

-We have been checking these allegations to the Ministry of Finance ie to the Commission and in the legal deadline we have received the requested information and data, whereby the Minister of Finance through the said Commission informed us that the procedure regarding the judgment adopted by the Administrative Court and that the Ministry would order a new administrative act that the Minister was respected by the Minister, The real estate has been returned to the ownership of the applicants, therefore the SCPC has established that there are no elements for further action- said the member Zoran Bogoevski.

The SCPC also considered a report submitted by an unknown submarine against the Chief of Economic Crime from Makedonski Brod, alleging that this person had disproportionately increased his property compared to his regular income and that he had been extorted money from persons to whom he had filed criminal charges and had received cash from abroad. The Commission, after this case, concludes that there are no elements for competent acting that it is a matter of issues of the legal competence of another body.

-Namely, according to Article 70 paragraph 2 of the Law on Internal Rabototti, workers from the Ministry are obliged to report an increase in the property or property of one of the family members within 30 Standards controls the obligation to report property and interests by the employees of the Ministry- said Commission member Sofia Spasova Medarska.

The Commission, after reviewing a complaint filed against a Judge of the Basic Court, with a suspicion of abusing office in the case of court cases, concludes that the SCPC has no elements for acting because the reported actions have not been actions that the Commission has no jurisdiction to act, and the case was submitted to the Council.

The session also discussed a report against a police officer with allegations that the official is involved in criminal investigations, ie as the owner of a catering facility for a longer period of time, he is harassing the locals through intimidation, threats, humiliation, also in the area of ​​the report. The members of the Commission pointed out that this application has submitted an addition to the part where the official has caused a fire in a house as an additional circumstance of the application.

-We have concluded that it is not under the competence of the SCPC’s action, but these issues are under the competence of the Ministry of Interior. We have also analyzed public information and we have found that the Public Prosecutor’s Office has already initiated proceedings against the said person, which is why the case should be closed, according to a member of the Cveta Ristovska Commission.

The Commission also reviewed other reports against judges and police officers who found they had no competence for action.