The case of "Vektra Jakić" in SDT: Got a job, then registered a company

The company "Vektra Jakić" received a concession for the use of state forests before it was registered in the Central Register of Business Entities (CRPS), after the conclusion of the contract it did not provide a guarantee for good performance of the work, the Government did not approve the conclusion of the contract, but subsequently agreed to the contract which the Forestry Administration (UZŠ) signed with the company owned by businessman Dragan Brković.

In addition, the Forestry Administration repeatedly changed the annexes of the contract and reduced the amounts in the decisions on the calculated concession fee without explanation and obtaining the consent of the Government, "Vektra Jakić" repeatedly violated the provisions of the contract and did not pay the concession fee, the Ministry of Agriculture and Rural Development for throughout the duration of the contract, it never carried out administrative supervision over the work of UZŠ.

The Ministry of Agriculture, Forestry and Water Management, headed by Minister Aleksandar Stijović, pointed out these facts two days ago to the Special State Prosecutor's Office (SDT), to which it submitted documentation with an application regarding the concession contract concluded with this company.

Names

The department of Stijović indicated in the application that several former directors of the Forestry Administration, Ministers of Agriculture and President of the Commercial Court Blažo Jovanić caused multi-million damage to the state with their illegal actions in the case of "Vektra Jakić". In addition to Jovanić, the ministry listed in the application the names of former directors of the Forestry Administration Nusret Kalač, Mirsad Nurković and Radoš Šućur, former ministers of agriculture Milutin Simović, Petar Ivanović, Tarzan Milošević, former state secretary for forestry Milosav Anđelić, and judge of the Commercial Court Dragan Vučević. Marine Đurović, Nataša Sekulić and Borjanke Zogović.

"The ministry pointed out to SDT the omissions in connection with the contract that it determined within its jurisdiction. The attached evidence clearly indicates that certain persons of the UZŠ, the former Ministry of Agriculture and Rural Development, the President of the Commercial Court Blažo Jovanić and acting judges of that court caused multimillion-dollar damage to the state through illegal actions. Since the awarding of the concession and the conclusion of the contract, according to the assessment of the ministry, several former directors of UZŠ, ministers of agriculture, judges of the Commercial Court, led by the president of that court, by violating the law, other regulations and general acts, have committed violations of the rules of procedure, exceeded their powers and failed to exercise duties. This resulted in the illegal allocation of forests for use and illegal felling of forests and multimillion-dollar debts for which it is questionable whether they can be collected. In the application, it was stressed that the responsibility of 'Vektra Jakić' and Brković must also be considered," the department headed by Stijović officially told "Vijesta".

Damage of 12 million

The Ministry said that the basis for filing the report is a series of illegal actions by these persons who, by exceeding their authority and failing to perform their official duties, damaged the state for over 12 million euros in the name of non-payment of concession fees, non-maintenance of forest roads, non-conduct of sanitary felling and non-performance of forest cultivation in accordance with the law and the concluded concession agreement.

"Vijesti" sent questions to the official DPS e-mail regarding whether three of their former ministers believe that these accusations are well-founded, that is, that they caused multimillion-dollar damage to the state, but by the time the number was closed, no answer had been received. Jovanić was also contacted, but he did not respond to the call and message sent to him.

The Ministry said that after the conclusion of the contract, no guarantee for the good performance of the work was provided, but instead of terminating the contract, contrary to the contractual provisions, the forest was given for use by means of annexes to the contract, for which it is not known when they were drawn up because they have no date, were not certified, and were not signed. from any of the contracting parties and are not recorded in the workbook. They pointed out that the Forestry Administration repeatedly changed the annexes to the contract and reduced the amounts in the decisions on the calculated concession fee without explanation and without obtaining the Government's consent, and that by using the term "contract annex" it performed tasks that it could have performed solely on the basis of the annex to the contract and thus avoiding the procedure of concluding the annex, for which she would have to obtain the consent of the Government.

Fee separation

In the application, it was indicated that "Vektra Jakić" did not pay the concession fee for a long period of time from May 2009 to May 2011, as well as from the end of 2011 to 2018, but the UZŠ regularly awarded them a new one. wood mass, instead of terminating the contract and withdrawing the concession, which was her obligation.

"UZŠ only in this case of 'Vektra' invented a new institute through which it reduced the concession fee by separating it into general and special, and for which there was no legal basis, nor was it foreseen in the contractual provisions. This is contrary to Articles 33 and 52 of the Law on Forests and Articles 3 and 5 of the Concession Agreement. By not complying with these provisions, the state was deprived of an income of at least 2,6 million euros only because of the illegally calculated concession fee reduced without grounds. UZŠ did not terminate the contract even after the introduction of bankruptcy in this company, although the contract defined that it could also be terminated due to the insolvency of the concessionaire", said the Ministry, adding that they hope that the SDT will take measures and actions within its jurisdiction to determine whether in the mentioned actions there are elements of a criminal act.

Different decisions for the same situation

The Ministry of Agriculture said that Judge Nataša Sekulić of the Commercial Court canceled the temporary measure by which the state was prohibited from interfering with "Vektra Jakić" in the use of forests, with the explanation that "Vektra Jakić" does not pay the concession fee and that the state suffers damage because it does not generate income from use of state property.

"It is interesting that the situation was exactly the same when a temporary measure was passed by the same judge," said the ministry.

By canceling the temporary measure, this company permanently lost its legal right to the concession.

The concession contract was concluded in April 2007. The Forestry Administration terminated it in May 2019, after which the Commercial Court adopted a temporary measure at the company's proposal. At that time, the Protector of Property and Legal Interests of the State filed an objection to the decision of the Commercial Court on behalf of the state, but it was rejected. At the proposal of the new Government, the Protector again submitted a request for the cancellation of the temporary measure in the middle of last month.

The Ministry said that according to the data from the Work Report for 2020, UZŠ concluded an Agreement with "Vektra Jakić" on the basis of which the company was enabled to use the forests in the Pljeval municipality at the prices and conditions of the concession contract that was terminated in 2019. In addition, last year, UZŠ allowed the company to make advance payments, for which there is no basis in any regulation, not even in the provisions of the terminated contract.

The government dismissed Kalač from the position of director of the UZŠ last week.

"Vektra Jakić" has obligations to the state based on the concession fee of 6,39 million euros based on the principal debt and 2,38 million euros on account of accrued interest.