The Association for the Protection of the Interests of the Minority Shareholders of the former Duvanski Kombinat, which was liquidated, filed a criminal complaint with the Supreme State Prosecutor's Office (VDT) against the President of the Commercial Court, Blaž Jovanić, and suspects him of abusing his position by "requesting a review of the court proceedings from the end of November 2015. he did not submit to the Supreme Court within the legal deadline, but did so only on July 29 of this year - with a delay of four years and eight months".
The legal representative of the Association, Žarko Knežević, stated in the criminal report to the VDT that this abuse of official position is defined by Article 416 of the Criminal Code, as well as that it is specific, "especially perfidy".
The association filed a review with the Supreme Court against the decision of the Court of Appeal dated October 27, 2015, confirming the decision of the Commercial Court on the opening of bankruptcy proceedings against DKP due to the violation of the Reorganization Plan. The decision of the first-instance court was made on July 23, 2015.
"We submitted the audit in question to the Commercial Court on November 27, 2015, which was obliged to forward it to the Supreme Court", Knežević points out in the application and notes that the Commercial Court "kept the audit for four years and eight months".
On July 29 of this year, Jovanić submitted the files of this case to the Supreme Court on the request for review, about which he informed Knežević in writing, who submitted the letter to "Vijesta" for review.
On June 4, Knežević asked the Supreme Court to make a decision on the revision as soon as possible, but he was told that they had not received a request for the revision of that court proceeding.
Yesterday, the President of the Commercial Court did not answer the questions of "Vijesti" to explain why he acted like that and what actually happened in this case.
"Probably, the audit in question would still be in the drawer of the Commercial Court if the Association had not intervened, first at the Supreme Court and then at the Commercial Court, with the aim of tracing it," Knežević pointed out in the application and requested that criminal proceedings be initiated against Jovanić and he punished according to the law.
The property of the former state enterprise was sold to the construction company Zetagradnja from the bankruptcy estate for 13,2 million euros, and the contract was concluded on June 21, 2010.
"This is only the first criminal complaint against one of those judges who, by abusing their judicial function, made illegal decisions to the detriment of DKP's minority shareholders, in a way that strengthened sales contracts that were concluded solely by abuse of official position or by committing other criminal acts. The following applications will also include some high-ranking state officials, for the same reasons," announced Knežević in his application to the VDT.
In early 2019, the judge of the Special Division of the High Court from Podgorica, Ana Vuković, acquitted DKP's bankruptcy administrator Veselin Raičević, the company Zetagradnja and the former director of the company Miloš Stojanović, who were charged with multimillion-dollar embezzlement during the purchase and sale of DKP's assets in bankruptcy.
The small shareholders of DKP also led another dispute in the Commercial Court. The Supreme Court rejected the request of the Association for the Protection of the Interests of Minority Shareholders of Duvanski Kombinat for the revision of the court proceedings which they conducted for a number of years against the parent company, Zetagradnja, the state, Novi DKP and the Capital City.
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