Council of the Civil Aviation Agency (ACV), which he chairs Dženan Kolic (Democratic Montenegro) elected at the end of August as the director of the Civil Aviation Agency (ACV) Vladislav Vlahović at the beginning of August, the Government at the proposal of the Minister of Capital Investments Ervin Ibrahimović removed from the position of Council member in this agency because it was discovered that he does not meet the legal requirements for that position.
According to the Law on Air Transport, the same conditions are provided for a candidate for a member of the Council and for a director of CAA.
Former director of ACV Zoran Maksimović he left that position because he met the legal requirements for retirement.
Vlahović, who, as "Vijesti" has learned from sources close to the ACV, is a retired colonel, was appointed by the Council under the mandate of the Government. Zdravka Krivokapića.
The ACV informs "Vijesti" that the Council of the ACV unanimously appointed Vlahović as director on the basis that he meets all the conditions of the competition, as well as on the basis of the submitted information on his biography and professional education. ACV claims that Vlahović was elected in accordance with all positive legal regulations.
The whistle-blower (employee) from ACV handed over to the Chief Special Prosecutor Vladimir Novović criminal complaint against Kolic, several unknown persons, members of the Council and employees of ACV due to, as stated, abuse of official position during the election of the director of ACV. Novović was given as evidence the CAA's application for a vacant position, which was submitted to the Employment Agency (on July 28), where it is required that the candidate for director has a VII 1 degree vocational qualification (traffic, technical, legal or economic profession) and which has the Institute's stamp, while in the competition advertised on the Institute's website (August 2), Part VII 1 degree of professional education was deleted. In the competition that the CAA Council announced on the Institute's website on August 13, 2021, for the election of the director, the condition for the selection of the director is the VII 1st degree, and then Maksimović was elected. "Vijesti" has access to the whistleblower's report, the Board of Directors' report sent to the Institute and both competitions.
Ibrahimović's request
"The Minister of Capital Investments, on the basis of Article 9 paragraphs 5, 7, 8 and Article 11 paragraph 1 of the Air Traffic Act, submitted to the Government a proposal to dismiss the members of the CAA Council, Vladislav Vlahović and Tatjana Perovic. In the explanation of the proposal, he stated the following: "MKI submits a proposal to the Government for the dismissal of the members of the CAA Council. Pursuant to Article 9 point 7 of the Law on Air Traffic, it is prescribed that a citizen of Montenegro who has a university degree in traffic can be appointed as the president and member of the Council. technical, legal or economic professions and at least five years of work experience, so we propose the dismissal of Vladislav Vlahović and Tatjana Perović, bearing in mind that they do not meet the requirements upon appointment, based on the submitted CV. Vladislav Vlahović has completed the Air Force Military Academy for three years, while Tatjana Perović has graduated from the Faculty of Mathematics, which is the opposite of professional training defined by the above-mentioned legal act that regulates the field of air traffic," the government document states, adding that Ibrahimović's proposal was accepted because Vlahović and Perović do not meet the legal requirements.
The government appointed Vlahović and Perović instead Maja Nišavić (lawyer) i Ćamil Kujevića (economist). In addition to the two of them, Kolić is also in the Council Radoje Karadzic i Dejan Stojanovic.
Content of the criminal report
"The first suspect (Kolić) is reasonably suspected that, in his capacity as an official as the president of the Council, he was aware of the act he wanted to commit, and committed the above-mentioned criminal acts by acting in a way that was for the election of the director of the ACV in the month of July/August 2023. changed the mandatory conditions of the competition with the aim of giving preference to one candidate, regardless of the clearly binding conditions for the selection of the director. This is especially so in view of the fact that the suspect used his position as a superior employee in ACV to influence the employees that the binding conditions, publicly published and previously send to the Employment Agency on a special form, change and forge. That this suspicion is well-founded is best confirmed by the extract from the form for advertising a vacancy that the Agency submitted to the Employment Agency for the purpose of publishing a public competition," the application (September 11) states states that the form for advertising a vacancy is attached as proof.
It is further added that in this way the suspect (Kolić) intentionally committed the criminal acts that are being charged against him with this report, and for an extended period of time.
"Thus, in the described actions of the suspect, all the elements of the criminal offense of abuse of official position from Article 416 paragraph 1 and Article 417, and in connection with Article 23 of the Criminal Code, as well as the criminal offense of unlawful influence from Article 422 paragraph 2 of the Criminal Code, for what reasons please proceed according to the criminal complaint and verify the listed suspicions. As a support to my suspicions, I suggest that in order to determine the existence of criminal offenses, the Council secretary and other members of the Council should be heard and the entire files of public advertising for the election of the executive director be excluded for verification," the whistleblower from the ACV states in the report -a.
Minister of Finance Aleksandar Damjanović opened this issue at the Government session last week and appealed to the competent Ministry of Capital Investments (MKI) to react.
"The appeal to the MKI is due to the events with the competition in the CAA, where we had interventions regarding documentation for individual members of the Council. Events that are contrary to the line of transparency and legality, and we should try to get certain information and personnel proposals by the next session so that the Government reacted to something that happened," said Damjanović.
State Secretary in the MKI Admir Šahmanović said that they received a proposal from the ACV Council, which unanimously supported one candidate.
"We share your concern. We have sent a letter to the Ministry of Education to interpret whether the candidate meets the requirements in part of those qualifications," said Šahmanović, while Abazović added that things should be clarified before the final decision so that "our rashness does not lead us into a reckless situation."
Kolić available for conversation
The ACV officially told "Vijesti" yesterday that neither Kolić nor other persons were interrogated by the SDT, that the Council is not aware of the allegations of the criminal complaint, as well as who filed it. They also say that in the event of a need to make a statement to any authority, Kolić is available.
The CAA claims that the conditions of the competition have not been changed and that they are in accordance with all positive regulations, that the Council's decision regarding the text of the advertisement is fully harmonized with the laws on air transport and work, the Rulebook on the internal systematization of jobs and the CAA Statute -a.
According to the Air Traffic Act, in Article 12 para. 3 in connection with Art. 9 st. 7 and 8 as a condition for the director of CAA, among other things, a high degree in traffic, technical, legal or economic professions and at least five years of work experience are required," the CAA said.
As they add, in accordance with these legal provisions, at the session on July 26, they passed a Decision on the announcement of a competition for the director, which determined the text of the competition, which contains general and special conditions that must be met by the person appointed as the director of the Agency and the period for which he is appointed .
"The decision stated that, among other things, the requirement for the director of the CAA is a higher education in traffic, technical, legal or economic professions and at least five years of work experience. The decision on the announced competition was submitted to the Employment Agency by physical and electronic means, and after therefore, a competition with identical conditions from the Decision was published on the Institute's website. Therefore, there was no change in the conditions in relation to what the positive regulations require, and the current regulations do not require a single level except for higher professional education. Therefore, neither the Council in the Decision on the call for tenders could not require any level other than the one required by law," the ACV states.
In connection with the application sent to the Office about a vacancy (E-1 form), the CAA indicates that "it has the meaning of monitoring supply and demand on the labor market, by the Office" in accordance with Article 26 of the Law on Employment and Employment unemployment insurance rights.
"Form E-1 is meant to fulfill the employer's obligation to report a vacancy to the Institute, the failure of which results in a misdemeanor proceeding in terms of the criminal provisions of that law. This means that when the employer has a vacancy, he has the obligation to report it to the Institute as would monitor supply and demand on the labor market, which automatically does not mean that the position is advertised. Also, the previous application is submitted by the employer, which in this case is not the Council of the CAA. announced the competition together with him," they said in ACV.
Yesterday, "Vijesti" from MKI did not receive any answers regarding the election of Vlahović as director of ACV.
They voted, but did not wait for the Government's position regarding Radoje Karadžić
A "Vijesti" source close to ACV states that one of the members of the Council, Radoje Karadžić, submitted a candidacy for the election of director.
"On that day, when the director-elect was invited to an interview as a candidate, Karadžić withdrew his candidacy 40 minutes before the session, all in order to allow this director candidate, otherwise a member, to abuse his official position of the Council, to make decisions in the Council. The Council, headed by Kolic, previously asked the Government to take a position regarding the situation of Council member Radoje Karadzic, however, without waiting for the final position of the Government, the Council allowed Karadzic to make decisions on an equal footing", said the source of "Vijesti", adding that on August 28, Kolić asked for the Government's position on Karadžić, and the vote took place on August 31.
This situation was opposed by one of the members of the Council (lawyer) who, according to the source of "Vijesti", was explicit that the Council cannot make decisions until the Government finally decides on the request of the Council, regarding Karadžić, which was also stated in the minutes. expressed her opinion in the minutes.
"She also pointed to Vlahović's professional qualifications and the Government's position on the issue. The Agency's lawyer, who performs professional work for the Council, did not even check the fulfillment of these conditions, nor did anyone ask her to do so from the members of the Council. During the election of the director of the Agency in 2021, the lawyer at the time (who has since retired), even noted how long it would take the elected director Zoran Maksimović to fulfill the requirements for retirement," says the "Vijesti" source.
He states that it is strange that the MKI first dismisses Vlahović from the post of a member of the Council due to non-fulfillment of the conditions, and a month later requests an explanation from the Ministry of Education.
"Is it the unscrupulous work of the MKI, headed by Admir Šahmanović and Ervin Ibrahimović, who fired Vlahović in order to push his party friend Camil Kujević into the Council of the ACV, or is Vlahović really not fulfilling the prescribed conditions," says the source of "Vijesti" ".
The "Vijesti" source explains that Vlahović has fulfilled the requirement for a pension by force of law.
"Vlahović is about six years younger than Zoran Maksimović, but in accordance with Article 164 of the Labor Law, the age limit of 66 in this case is reduced by about eight years due to the fact that Vladislav Vlahović spent 30 years of service in jobs where seniority account for the increased duration, so Vlahović fulfilled the requirements for retirement, by force of law, about two years ago", the source of "Vijesti" explained.
A "Vijesti" source close to ACV states that the Council of the Agency managed to interview all 14 candidates for director in about four hours, leaving 20 minutes for each, and on the basis of that interview immediately decided that the best candidate was Vlahović.
In mid-August, referring to the website of the Agency for the Prevention of Corruption, "Vijesti" published information that Vlahović had declared a pension of about 2022 euros in his property record for 1.177.
ACV claims that Vlahović was unanimously elected
The CAA states that the Council of the CAA unanimously appointed Vlahović as the director based on the fact that he meets all the conditions of the competition, as well as on the basis of the submitted information about his biography and professional education.
They add that during the conversation, he showed exceptional knowledge of the CAA's way of working and its responsibilities, as well as his desire to contribute to the better status of the Civil Aviation Agency and better work with his rich experience in aviation, and that he was not in a conflict of interest.
"As for the allegations regarding Vlahović's pension, they may be of importance when concluding an employment contract (if the MKI agrees with the Decision of the CAA Council), on which occasion it will be examined whether a possible pension represents an obstacle to the conclusion of an employment contract with the Agency's director which is signed by the President of the Council pursuant to Art. 15th century 4 of the Statute of the Agency. An impediment to the conclusion of an employment contract can only be if a pension has occurred in the case of mandatory termination of employment due to the acquisition of the conditions for a pension in the sense of Article 164 of the Labor Law", the CAA states.
The court can also decide whether the decisions of the Government and the CAA Council are correct
The CAA states that the Government dismissed Vlahović from the post of Council member at the beginning of August, but that the Council is not aware of the procedure in the Government on the basis of which this was done.
"On the other hand, in the competition documentation for the director, Vlahović submitted with the application a diploma of the Air Force Military Academy on higher professional education, majoring in aviation, with which he obtained the professional title of helicopter pilot, a diploma of the General Staff School of the Yugoslav Army, Belgrade, tactical-operational level, and a diploma of Military academy in Belgrade on the title of general staff officer. From the diploma of the Air Force Military Academy, it was established that he completed it in a period of three years from 1 September 9 to 1982 July 27, ACV announced.
Furthermore, from the diploma of the General Staff School of the Army of Yugoslavia, it was established that he attended in the period from February 1, 2 to January 1996, 31, and from the diploma of the Belgrade Military Academy on the title of general staff officer that he enrolled in 1/1997 , and that it ended on July 2001, 2002.
"Given that Vlahović obtained these titles in a period of three years (1982-1985), and then on two occasions in a period of one year each (1996-1997 and 2001-2002), it follows that he has a total of five years of this schooling. According to the current system of education, a Bachelor's degree, which has the status of a higher vocational education, is obtained after completing three years, and that further higher vocational education requires additional semesters, the Council concluded that this candidate still has a higher vocational education - a technical profession", they said in ACV.
In the ACV, they add that Vlahović stated in the application that he has the rank of an officer and that he was appointed as a court expert in the field of air traffic on 16 November 11, for which a high professional degree is also a requirement.
They also add that the Ministry of Education confirmed that he has a higher education and that only on the basis of a three-year diploma, without the evaluation of the other two diplomas, and that the Ministry of Defense submitted a statement that Vlahović worked there in the field of higher education (VII1 degree).
"Whether the Government's decision of August 3, 8 is legal (even though the Government previously made a decision appointing Vlahović as a member of the Council) and whether the CAA Council's decision is legal can be the subject of court proceedings," they said. are from ACV.
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