|
|
| Press release on the Application of Mr. Vanco Kargov the CEO of Customs Office of RM |
|
|
16.06.2010 Transparency Zero Corruption on 14.06 2010 received an Application concerning allegation on conflict of interests found in an Information received from State Commission for Preventing Corruption (SCPC).
Mr. Kargov first heard about the allegations from the media and from his point of view the indications are not adequate to his situation. His quest was aimed in obtaining legal standing from TZC on the issue.
TZC when acting on submitted client Applications works comprehensively with unbiased respect to the relevant available information, documents and legal sources of Republic of Macedonia.
From the application and the supporting documentary material it is evident that:
The Information from SCPC handed to Mr. Kargov, does not contain sufficient data that justifies the allegations contained and specified provisions from the Law for prevention of Corruption (LPC) and the Law on prevention of conflict of interest in the case specified; meaning it’s not accordingly reasoned and justified with arguments.
In addition the Information leaves an impression of in complete document because it is not specified what actually does the Commission Mr. Kargov is president at present time, or where the conflict of interests is located. The supposed incompatibility with the official function is not something that is assumed but is to be at least presented to the level of reasonable doubt, what as it is in our opinion is missing in the document itself. This makes the use of the mentioned provision from the LPC illicit, and therefore preclude application of publicity accordingly provisions of the LPC, at the relevant present moment.
The dissemination of the information on the issue relevant to the case the Information was developed on the web page of the SCPC is violation of relevant provisions of the LPC. In accordance to the law the public is excluded until SCPC does impose one of the measures from article 25 of the LPC, or until reaching other formal competition of the procedure. This was not respected to the end.
In addition the TZC standing on the issue is presented, about the reasonable doubt that the official integrity of the public officer, meaning Mr. Kargov, is brought in to question and therefore our recommendation for solving the situation, what is related to paragraph 1 and paragraph 2 item 4 of LPC.
Namely, in a broad sense, there is a possible violation of the provisions of Article 5 paragraph 1 and paragraph 2 items 4 LPC because:
– The Government justifiably may be regarded as superior to the public official;
– When it comes to specified compensation, it is difficult not to be considered a reward for performing the work in the office.
–
If duties are done outside the official office duties then they are incompatible with it and mean a violation of Article 22 paragraph 1 of LPC, if done in pursuit of authorizations, naming the award and gaining the benefit may be a violation of the above said Article of the LPC.
|
| < Prev | Next > |
|---|
