Maritime property: Bidders are required to submit a certificate confirming that they have not been convicted by a final court decision.

The Public Company for the Management of the Maritime Domain emphasized that with the new decision on the lease/use of parts of the maritime domain, the criminal liability of bidders is now treated more seriously and that they must submit a certificate from the competent authority for keeping criminal records confirming that they have not been convicted by a final judgment.

Morsko dobro sent a clarification of its decision, which it amended this week and to which the Government gave its consent.

"Regarding the information in the public regarding the amendment to the decision allowing participation in the public auction and persons against whom legal proceedings are being conducted, we would like to clarify the following: The public invitation from 2019 stipulated that the bidder in the bid submit a certificate from the locally competent Basic Court that no criminal proceedings are being conducted against him. This meant that those against whom proceedings are being conducted before the High Court, which, in accordance with the Law on Courts, is competent for the most serious criminal offenses (for which a prison sentence of over 10 years is prescribed), as well as persons who have already been convicted of criminal offenses, could also participate. Requesting the aforementioned document would violate the presumption of innocence, because there is a possibility that the court proceedings could end with an acquittal, and that the person had previously been denied the right to participate in the tender," the statement from Morski dobro emphasizes.

The state-owned company added that if it is learned during the lease that the tenant has been convicted of minor criminal offenses, the contract will be terminated.

"The new Decision treats the criminal liability of bidders more seriously. Bidders are now required to submit a certificate from the competent authority for keeping criminal records, confirming that they have not been convicted by a final judgment for criminal offenses such as criminal association, creation of a criminal organization, giving and receiving bribes, tax and contribution evasion, fraud, money laundering and organized crime with elements of corruption. This amendment is in accordance with the Law on Public Procurement, as well as the general principles of the economic operations of the Public Enterprise, especially considering that valuable state property is transferred for use through auctions. Also, in the previous period, the lessee could remain in a contractual relationship with the Public Enterprise for the Management of the Maritime Zone of Montenegro even if he or she was convicted of one of the aforementioned criminal offenses during the term of the contract. Now, if it is learned during the lease that the lessee has been convicted by a final judgment for one of these offenses, the contract is terminated," the statement reads.

The Coastal Zone Authority said that this change ensures a greater level of transparency and accountability in public auction procedures, as well as better protection of state property and public interest.