The Basic State Prosecutor's Office (ODT) in Kolašin dismissed the criminal complaint filed by the Assembly Committee for Spatial Planning, Communal-Housing Affairs and Traffic, together with the President of the Municipal Assembly (MA). Vasilije Bulatović, filed against the owner and representative of the company “Bjelasica invest” DOO, as well as several other individuals and legal entities, for alleged illegal construction in the city center and abuse of official position.
The criminal complaint charged Damir Davidović i Filip Davidović, the owners of “Bjelasica invest”, the company “Crta” DOO as the designer, unidentified persons as the project auditors, the construction contractor and the supervisory authority, and the chief city architect and the construction inspection. They were reported for the criminal offenses of construction without registration and documentation and abuse of official position.
However, as stated in the ODT decision, the actions of the reported persons "do not contain the elements of the criminal offense for which they are being reported, nor of any other criminal offense for which prosecution is being undertaken ex officio."
The complaint states that the investor “Bjelasica invest” built a building with larger dimensions than those prescribed by the Detailed Urban Plan “Centar” and the Urban and Technical Conditions (UTU). The signatories of the criminal complaint also claim that the basement floor was allegedly extended beyond the construction line, and that an external staircase was built that occupies part of the public sidewalk on Mirka Vešovića Street, which jeopardizes the safety of pedestrians and drivers. The complaint also stated that the chief city architect approved such a project without returning it for re-drafting, even though it was contrary to the plan, and that this violated the legal provisions on spatial planning and construction of buildings.
Initially, the report was filed with the Special State Prosecutor's Office (SSO), which forwarded the case to the ODP, with the explanation that the reported persons could not be considered high-ranking public officials within the meaning of the Law on SSO. It was explained that Davidović was reported as a co-owner of the company, and not in his capacity as State Secretary at the Ministry of Spatial Planning and State Property.
During the investigation, the ODT, as explained, obtained extensive technical documentation, records from the Ministry of Spatial Planning and Urbanism, the Urban and Construction Inspection, as well as the findings of experts in the geodetic, construction and architectural professions.
Geodetic expert Zdravko Milosavljevic determined that the basement floor and staircase somewhat extend beyond the construction line, but that these differences are within the boundaries of the urban plot. The staircase with an area of 22,87 square meters was constructed within the cadastral plot owned by “Bjelasica invest” and does not extend to neighboring properties. Exceeding the height of the building by 0,34 meters was assessed as a minimal technical deviation.
Architectural expert Ana Todorovic She concluded that all projects, the conceptual design and the main design, were developed in accordance with the 2015 UTU, which are in accordance with the DUP "Kolašin Center - amendments". She stated that any non-compliant solution from 2018 was subsequently corrected and that the project complies with legal and technical standards.
An examination of the records of the Urban Planning and Construction Inspection from February, June and August 2024 revealed that the inspectors carried out supervision, recorded irregularities in the documentation and gave the investor deadlines for their elimination. It was not established that the facility was built without registration, but rather that there were administrative omissions in the submission of certain approvals and project revisions.
The Municipality of Kolašin and the Spatial Planning Board have the right to file a complaint with the Higher State Prosecutor's Office and request a review of the decision within eight days of receiving the notification.
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