The former director of the Public Enterprise for the Management of National Parks (NP) Vladimir Martinović (URA) has filed a lawsuit against the Government (the defendant), in which he requests the cancellation of the decision of the executive power on the basis of which he was dismissed from the position of head of this state-owned company.
The government dismissed Martinović at the session on September 5, and appointed Marinela Đuretić as the new director of NPCG. The replacement of Martinović was proposed by the Minister of Ecology, Sustainable Development and Development of the North Damjan Ćulafić (Democrat), and the decision was signed by example Milojko Spajić.
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In the explanation of the dismissal, which was published on the Government's website, Ćulafić stated that the public interest was threatened by the operations of NP, and as a key reason he stated that this company operated with a loss of 581.884 euros last year, while in 2022 they had a plus of 20.334 euros. .
The data from the work reports available on the company's website for the last two years show that the figures have been replaced, that is, that the company was in the red in 2022 by 580, while last year it ended with a profit of more than 20.000 euros. The years and data regarding net sales revenue were replaced, so instead of 3.713.013 euros for this year and 1.893.823 euros for 2022, it says the other way around.
"Vijesti" had insight into the lawsuit that was filed in the Administrative Court, in which it is stated that it was filed due to a violation of the rules of procedure, incorrect and incomplete established factual situation and incorrect application of substantive law.
The lawsuit also states that the conditions for dismissing Martinović under the Law on Civil Servants and State Employees have not been met, that is, he has not been sentenced to prison, a criminal offense, nor has he been subject to disciplinary proceedings or other measures by executive order.
"The defendant completely changes theses and untruthfully presents the factual situation, because it follows from the Statement of the total result in the period from January 1, 2023 to December 31, 2023 that the net sales revenues in 2023 amounted to 3.713.013 euros and that amounted to 2022 euros in 1.893.823, which committed a significant violation of the rights from the Law on Administrative Disputes, because there is no doubt that the factual situation was determined incorrectly," the lawsuit states.
In addition, it also says that the public legal body had to give Martinović the opportunity to express his opinion on the results of the business, and that this was not done in this case.
"...From the contested decision, it cannot be concluded whether the plaintiff was even informed about the results of his work, that is, whether there were disruptions in business operations and whether the obligations established by law are not being fulfilled, given the fact that the Statute of the NP clearly states that in the event that the company's profit is not realized, the Board of Directors determines the reason for the non-realization of profit," the lawsuit states.
It is added that the Statute of the NP to which the Government refers is also violated, given that the executive power can appoint the Board of Directors and the director of the company, but not dismiss it.
"I propose that the Administrative Court issue a verdict - The Government's decision of September 5, on the dismissal of NP director Vladimir Martinović, is annulled," this lawsuit says.
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