The Central Bank does not have the authority to verify the material correctness of executive decisions on account blocking that it receives from the executor, but only after a formal check of the date, account numbers, stamps,... implements the ordered account blocking, the "News" from the Central Bank announced, stating that for the expansion of their competences requires a change in the law.
"Vijesti" asked the supreme monetary authority whether it has the ability to control and verify the request for blocking of accounts that it receives from executors, or whether it has to carry out the blocking automatically, regarding the case of the executor Vladan Batak who was indicted for, among other things, fabricating judgments in favor of his clients, sending orders to block accounts that were acted upon by the Central Bank.
Based on several fabricated judgments, Batak sent several requests to the Central Bank, and based on them, the Central Bank blocked the account of the Pension and Disability Insurance Fund several times, and in this way took over 200 euros from his account.
The fraud was discovered in the PIO Fund, when they received a forced collection with the same number of the judgment by which it had already been collected once, and then they checked the forced collections that came from the same executor.
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"CBCG is not authorized to control the material correctness of enforceable or authentic documents on the basis of which grounds for forced collection are established, but the issuer, in the specific case acting public bailiff, is responsible for that. CBCG, as an institution responsible for forced collection, has the legal obligation and authority to carry out the procedure of forced collection from all transaction accounts of the executive debtor according to the time of receipt of the basis for forced collection. The Directorate for Enforcement of the CBCG is obliged to control the formal the correctness of the grounds for compulsory collection, that is, to check whether the grounds contain all the necessary elements (amounts, date, account numbers, signatures, stamps, etc.). If it is established that the basis is formal the correct CBCG must act on it without delay and carry out the procedure of forced collection from the account of the executive debtor", the Director of the Directorate for Forced Collection in the Department for Payment Transactions of the CBCG told "Vijesta" Suzana Pantović.
In November of last year, the Ministry of Justice filed a criminal complaint against this executor with the Special State Prosecutor's Office (SDT) due to the suspicion that, by abusing his official position, he obtained material benefits and caused significant material damage to the state coffers and the PIO Fund.
Chamber of executors and the Ministry of Justice on the move
When asked whether this case can lead to the introduction of some forms of protection and control in order to prevent these situations in the future, the Central Bank states that the law should be changed in order to expand their jurisdiction in connection with the control of forced collection orders, and that this but the competence of the Chamber of Public Executors and the Ministry of Justice.
"Regarding the possibility of additional controls and verification of the correctness or validity of enforceable or authentic documents, as well as the possibility of preventing possible abuses, it is necessary to contact the originators of the grounds for forced collection - the acting public enforcers who issue enforcement decisions and submit them to the CBCG for implementation. In accordance with the above, we direct you to contact the Chamber of Public Executors and the Ministry of Justice in connection with this issue, as authorities responsible for the area of enforcement", they stated in the answers from the Central Bank.
The Chamber is responsible for the control of public enforcers and they have already excluded Batak at his request, while the Ministry of Justice is responsible for the control of the implementation of this law.
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