Published on 30 May 2022

FOURTH SECTION

Application no. 78684/17 Veselin Genov NAKOVSKI against Bulgaria lodged on 3 November 2017 communicated on 10 May 2022

SUBJECT MATTER OF THE CASE

The application concerns the forfeiture of alleged proceeds of crime, in proceedings under the 2005 Forfeiture of Proceeds of Crime Act (described in Todorov and Others v. Bulgaria , nos. 50705/11 and 6 others, §§ 90-110, 13 July 2021). In 2000 the applicant was convicted for coercion, committed in 1993, which triggered forfeiture proceedings against him. The national courts ordered the forfeiture of assets worth about 5,460,000 Bulgarian levs (BGN), equivalent of 2,790,000 euros (EUR), in a final decision of the Supreme Court of Cassation of 22 May 2017. The courts found that the applicant had not proven sufficient lawful income to acquire these assets, which could justify the assumption that they were the proceeds of crime. At the close of the proceedings the applicant was ordered to pay BGN 125,770 (EUR 64,300) in court fees. He paid further unspecified amounts of fees in order to have his case examined on appeal and cassation.

The applicant complains of the forfeiture of his assets, relying on Article 1 of Protocol No. 1 and Articles 6 § 1 and 13 of the Convention. Moreover, he complains under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 of having to pay the court fees indicated above.

QUESTIONS TO THE PARTIES

1. Was the forfeiture of the applicant’s assets in compliance with the requirements of Article 1 of Protocol No. 1? In particular, did the domestic authorities reasonably establish that the assets at issue were the proceeds of crime (see Todorov and Others v. Bulgaria , nos. 50705/11 and 6 others, 13 July 2021)?

2. Were the court fees the applicant was ordered to pay in compliance with Article 1 of Protocol No. 1? In particular, did the obligation to pay such fees place an excessive burden on the applicant, or fundamentally interfere with his financial situation?