Behind the company "A2 studio", to which the Municipality of Bijelo Polje gave a part of the municipal land plot in Nikoljac, lies the company "Intesa group", with which the Director of the Property Directorate of the Municipality of Bijelo Polje Ljubomir Sošić signed a contract for the construction of his private building in Podgorica.
This was stated by councilor Marko Đukić (Democrats) at the local parliament session yesterday. Yesterday, he played an audio recording from the local parliament session from October 2024, when Sošić, in response to the same councilor's question, said that he had no idea who the "A2" company was and that he did not know who was behind it.
Đukić said that he was asking Sošić for an answer about how he could have said, at the local parliament session in October, that he had never heard of the company "A2 Studio" and that he did not know that "Intesa Group" was behind it.
"Based on the evidence, the Higher State Prosecutor's Office has requested the Basic State Prosecutor's Office in Bijelo Polje to initiate criminal proceedings for two criminal offenses. Based on the data of the Higher State Prosecutor's Office in Bijelo Polje, criminal proceedings have been initiated against the company to which the Municipality donated municipal property to the company "A2 Studio" for obtaining unlawful material gain of 23.367,26 euros, the criminal offense of building a building without registration and construction documentation under Article 326-a of the Criminal Code of Montenegro in connection with Article 5 of the Law on the Liability of Legal Entities for Criminal Offenses in Relation to the Investor DOO "A2 Studio" and the Contractor DOO "Intesa Group", and the criminal offense of abuse of position in business operations, as stated in the notification of the Higher State Prosecutor's Office in Bijelo Polje," said Đukić.
Đukić provided "Vijesti" with documentation from the Higher State Prosecutor's Office, which, he said, shows that Sošić, as an investor, made a private contract for the development of the project for his residential building in Podgorica with "Intesa Group" LLC, which with a loan of 60.100 euros stands behind "A2 Studio" and is the investor of the building in Nikoljac, to which the municipal land was ceded.
The councilor said that the State Prosecutor's Office determined that the horizontal dimensions of the constructed facility in Nikoljac were exceeded, contrary to the revised main project, which increased its value by 23.367 euros, and that the investor "A2 Studio" thus obtained an unlawful material benefit.
Following a criminal complaint filed by the non-governmental organization "Euromost", the Higher State Prosecutor's Office in Bijelo Polje opened a case and determined that Bijelo Polje companies engaged in the design and construction of facilities were acting contrary to the law, which the NGO "Euromost" was informed about by State Prosecutor Marko Bojović.
The NGO “Euromost” filed a complaint with the State Prosecutor’s Office against the company “A2 studio” and requested an investigation into the operations of the company that is constructing a building in the Nikoljac settlement on part of the urban plot UP 185, to which the Municipal Assembly gave its consent based on the proposal of the Mayor of the Municipality Petar Smolović. With this decision, the Municipality transfers the right of disposal to “A2 studio”.
The application to the State Prosecutor's Office raises doubts about how the Municipality could have given its property to the company "A2 studio", which had no income and was registered a year earlier, especially since the property in question where the building was built was purchased on the basis of a loan from "Intesa group", which is the main partner of the Secretariat for Construction of the Municipality of Bijelo Polje, and which appears in this case as the contractor for the aforementioned building.
The Higher State Prosecutor's Office determined that the investor "A2 studio" and the contractor "Intesa group" from Bijelo Polje built the residential and commercial building contrary to the revised main project, i.e. contrary to the provisions of Article 91 of the Law on Spatial Planning and Construction of Buildings, which stipulates that "the investor builds the building based on the construction application and documentation prescribed by this law."
"According to the assessment of the Senior State Prosecutor, it is necessary to continue the procedure to determine the existence of the elements of the criminal offense of construction of a facility without registration and construction documentation under Article 326-a of the Criminal Code of Montenegro in connection with Article 5 of the Law on the Liability of Legal Entities for Criminal Offenses in relation to the investor "A2 studio" and the contractor "Intesa group", and the criminal offense of abuse of position in business operations under Article 272, paragraph 1 of the Criminal Code of Montenegro in connection with Article 5 of the Law on the Liability of Legal Entities for Criminal Offenses in relation to the professional supervision of DOO "Arch and soul", as well as in relation to the responsible persons in the aforementioned legal entities, "which criminal offenses are within the material and territorial jurisdiction of the Basic Court in Bijelo Polje, before which the Basic State Prosecutor's Office in Bijelo Polje acts", so the case files have been submitted to that prosecutor's office", the notification of the Senior State Prosecutor's Office states.
The NGO "Euromost" states that they have learned that two public officials, who are managers in the Municipality, are building their own buildings, one in Bijelo Polje and one in Podgorica, where the "Intesa group" did the design work for them, and that the director of the Directorate for Property Protection, Ljubomir Sošić, is building a building in Podgorica in the town of Zabjelo.+
Instead of Sošić, the answer was read by Ličina
The Municipal Assembly had previously, based on the request of the Mayor Petar Smolović, made available to the investor DOO "A2 studio" a part of the land in Nikoljac, and councilor Đukić was interested in the basis on which it was decided to take away the use of a part of the land (part of the pedestrian path) in Nikoljac, because it was transferred to the disposal of the company "A2 Studio" and how much that company paid for that land.
"Regarding the basis of the alleged alienation, we emphasize that it is a matter of bringing the DUP-A Nikoljac to its intended purpose, which is prescribed by the Law on Spatial Planning and Construction of Buildings, i.e. in Article 52: "The owner of a cadastral plot is obliged to tolerate changes in the boundaries of the urban plot according to the subdivision study". We also emphasize that the engagement of the assessment commission is done after the adoption of the decision by the competent local government body, and this has not yet happened in this case," said Sošić in his response, who did not appear at the council meeting yesterday, but his deputy Esmer Ličina read the response.
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