The legitimate chairperson of the SC of BSP Sofia is Diana Tonova, the legitimate city council is the one elected at the City Party Conference held on April 21, 2024, the legitimate chairmen of the 24 district councils of the BSP are the elected, based on the pre-term full cycle of reports and elections.
If someone wants to check the truth of the latter, let them try to register in the Registration Agency of the Republic of Bulgaria.
The decisions of the OPKK of the BSP from 29.06.2024. about the “mandate” and “the early internal party elections in Sofia, Burgas and Pleven” show a complete lack of competence and wild revanchism. Shame on both the guarantors and the performers!
We call on all legitimately elected and acting municipal, city and district chairmen in the BSP to express their positions on the decision of the OPKK in order to preserve their human and party dignity and to oppose attempts to fundamentally destroy the party structure of the BSP .
The Constitution of the BSP can only be interpreted by the Congress! OPCC has no authority for this.
We watched with concern the actions of the All-Party Control Commission over the last two days, which ended with the adoption of two unconstitutional decisions showing a complete lack of competence / to the extent of “reading without understanding” of the statutes of the BSP/ and aiming for revanchism never seen before in the Party.
Yesterday OPKK decided that Kornelia Ninova has no right to participate in the upcoming direct election for the chairman of the BSP, as an interpretive decision of the statute and accepted as “illegitimate and destructible” the decisions taken at the meeting on February 25, 2024. of the National Assembly of the BSP, with which early internal party elections were scheduled in the party organizations of Sofia and Burgas.
For the first time, OPKK acted forcefully like a club and smashed the “new” line of the “interim leadership” of the Party towards internal unification without revanchism.
What is the legal and factual situation?
The powers of the OPCC are exhaustively listed in Article 36, Paragraph 7 of the Statute of the BSP and the “interpretation” of the statute is not among them. This is because the statute was written when there were still thinking and legally literate people in the BSP. According to legal doctrine, the authentic interpretation is carried out by the authority that adopted the act. The Statute of the BSP is adopted, amended and supplemented by the Congress of the Party /art. 31, paragraph 13, item 1 of the Statute of the BSP/. The statute of the BSP can only be interpreted by the Congress! OPKK has no authority for this.
„The interpretive„ a decision was also adopted in the event of a gross violation of the statute's norms.
According to Article 18, paragraph 1, sentence two of the statute of the BSP, the mandate of the bodies expires with the constitution of their new composition. According to §2 of the PZR of the BSP statute, for a full mandate of the chairmen of regional, city, municipal chairmen and the chairman of the National Assembly, a mandate "from a full cycle of reports and elections in the whole party to the next full cycle of reports and elections in the whole party is accepted" party“.
The procedure has been applied and implemented in BSP for dozens of years. The acceptance, by the gathered members of OPKK, that the mandate of all municipal, city and district chairmen in BSP, incl. and the president of the BSP was terminated with the start of the full cycle of reports and elections, it is deprived of both legal and life meaning. Moreover, from this “interpretation” the statute requires the conclusion that after the mandate ends with the beginning of the new election, it begins with the beginning of the previous full cycle, which is a legal absurdity.
The chairman of the BSP and the chairmen of city, municipal and district councils in the BSP organize the internal party elections, unless they have resigned themselves or their powers have not been terminated on any of the statutory grounds. The claim that with the start of a new reporting-election cycle the mandate of all acting chairmen is terminated puts both the Party's activity and the decisions made in those periods at serious risk. It is obvious that the fear and the thirst for revanchism are taking an ugly form and will lead to complete chaos in the party organizations.
We call on all legitimately elected and currently acting municipal, city and district chairmen in the BSP to express positions on today's decision of the OPKK in order to preserve our human and party dignity and oppose attempts to fundamentally destroy the party structure of BSP.
Regarding the decision declaring them “illegitimate and destructible” the decisions taken at the meeting on February 25, 2024. of the National Assembly of the BSP due to the “lack of quorum”, proven with photographic material, the same cannot give rise to the legal consequences sought by its guarantors.
Although they hardly know the difference between “worthless” and “destructible” acts, the authors used the legal term “destructible”. Voidable acts give rise to legal consequences!
On the other hand, the apparent ignorance of the statute and the desire at any cost to please a few self-proclaimed “righteous innovators” persons in the Party will lead to a complete trampling of the statute.
This decision effectively derogates basic powers of the Party's bodies. The National Council of the BSP has the power to schedule a full or early cycle of internal party elections. The bodies that elect the chairmen of regional, city and municipal councils, as well as the respective councils, are the Regional and City Conferences. More than 30 regional and two city conferences were held in Sofia. Their decisions have not been appealed and have entered into force, therefore the OPCC has no power to overturn them, much less to “reinstate and proclaim” manuals other than those selected and last but not least – to seize the functions of these bodies for the organization and conduct of internal party elections.
At the present moment, both the chairman of the General Assembly of BSP Sofia and the 24 regional chairmen have been legitimately elected at statutorily held conferences.
You try to be “knocked down” the statutory order will reinforce the obvious – an attempt is being made to multiply the coup in the BSP and in the organizations that do not recognize themselves as “their” from the “interim leadership” and the hyped crowd of “new faces” around him.
How else can we explain the fact that before there was a written decision of the OPKK, the former chairman of the General Assembly of the BSP Sofia, Ivan Takov, announced that he was the legitimate chairman of the BSP-Sofia!
Arbitrariness, arrogance and revanchism - this is happening today in the BSP against the background of a 3.07% result in Haskovo just a few days ago.
And along with that - frantic fear.
In Sofia, the city organization was “charizan” from the management, headed by Ivan Takov, of the engineers of the project “ Mayor of Sofia from MK “ BSP for Bulgaria”. The new leadership brought the socialist organization back into it and this was not forgiven. Now, with apparatus and party conjunctural measures, an attempt is being made to once again use the city party organization for foreign interests.
Who is afraid of elections in Sofia? Who wants to go back through the back door to “do” elections in Sofia and in whose interest? Who wants TO BREAK TODAY the city organization of BSP Sofia? These are questions to which the answers will soon become clear.
At the moment, the legitimate chairperson of the BSP Sofia General Assembly is Diana Tonova, the legitimate city council is the one elected at the City Party Conference, held on April 21, 2024, the legitimate chairpersons of the 24 district councils of the BSP are the elected, based on the conducted early full cycle reports and elections.
If someone wants to check the truth of the latter, let them try to register in the Registration Agency of the Republic of Bulgaria.