The decision of the Ministry of Ecology, Spatial Planning and Urbanism ordering the demolition of buildings belonging to Milo Đukanović represents obvious legal violence, and reckless ignoring of relevant regulations, as well as exact and easily verifiable facts.
This was announced by lawyer Neda Ivović, who is Đukanović's attorney.
In response to the information that the Ministry ordered the outgoing president to demolish illegally built buildings, it is stated that it will not engage in further public controversy and discussion, bearing in mind the "obvious bad intention of the acting public law body".
"Milo Đukanović will use all available legal means in administrative proceedings and administrative disputes, and will also initiate criminal and civil proceedings, in order to protect his rights," said Ivović.
Ivović states that on April 4, based on media and social media announcements, "they were informed for the first time that the Ministry of Ecology, Spatial Planning and Urbanism, on April 04.04.2023, 12119, issued a Decision, number: UPI 042-23/363 -1/XNUMX (hereinafter: Ruling) ordering the owner, Milo Đukanović, to demolish the buildings located on the land that represents the family heritage - grandfather's house, grandfather's house and buildings next to the house, which was initially built more than a century ago".
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"In the substantive legal sense, the Decision is based on incorrect, contradictory and incomplete statements, while in the procedural legal sense - the specific decision was made in gross violation of the basic principles of the administrative procedure. Therefore, the Decision represents a blatant example of legal violence, and is, obviously, a consequence of arbitrary and arbitrary action, which is motivated solely by the intention to directly cause damage to Milo Đukanović and the Đukanović family," Ivović believes.
They informed the public and the relevant Ministry that on the estate - the grandfather of the Đukanović family, the buildings date from the beginning of the XNUMXth century, and that the former family buildings were renovated by Aco Đukanović, as the previous owner.
"In accordance with Article 156 of the Law on Spatial Planning and Construction of Buildings, on June 13.06.2018, 20, requests for the legalization of buildings on the family estate were duly submitted to the competent authority of the Municipality of Nikšić - the Secretariat for Spatial Planning and Environmental Protection. About submitted requests for legalization The municipality of Nikšić - the Office of the Chief City Architect issued a Certificate, business code: UP/Io number 350-467-07.08.2020, dated August XNUMX, XNUMX," the answer reads.
Ivović emphasizes that the facilities are located on the Orto - photo of the relevant Ministry, which, he says, is confirmed by public information from the response of the Ministry of Sustainable Development and Tourism, in which it is pointed out: "After an inspection of the official records, the vertical and oblique Orto- photo, available on the website of the Ministry of Sustainable Development and Tourism (www.mrt.gov.me), it was established that the object in question is located on the same site".
As he states, on June 22, 2018, the Secretariat for Spatial Planning and Environmental Protection of the Municipality of Nikšić issued Decisions on the suspension of initiated legalization procedures until the adoption of the General Regulation Plan of Montenegro.
"According to Article 157 paragraph 3 of the Law on Spatial Planning and Building Construction, the obligation of the Municipality of Nikšić, specifically - the Secretariat for Spatial Planning and Environmental Protection as the competent body of the local government, is that within 30 days from the date of receipt of the request and documentation for legalization, issue a decision on the termination of the procedure and to notify the competent inspection body of the adopted decision in order to terminate the procedure for the removal of the building. Article 170 paragraph 1 of the Law on Spatial Planning and Construction of Buildings stipulates: "An illegal building that is not legalized in accordance with this law shall be removed in in accordance with the law," emphasizes Ivović.
As a request for legalization has been submitted for specific buildings, Ivović believes that it is "indisputable that the conditions for their demolition - removal have not been met", and that this norm is "clear to everyone" and they appreciate that it does not require an interpreter.
"Taking into account all the above, as well as the fact that the disputed administrative procedure was carried out in almost seven days, without proper notification and participation of the owner of the building, whose address of residence is well known, as well as the address of the workplace, it is evident that the decision of the Ministry ordering demolition of buildings - represents obvious legal violence, and reckless ignoring of relevant regulations, as well as exact and easily verifiable facts," believes Ivović.
"Without engaging in further public controversy and discussion, and bearing in mind the obvious bad intentions of the acting public law body, Milo Đukanović will use all available legal means in administrative proceedings and administrative disputes, and will also initiate criminal and civil proceedings, in order to protect his rights" , added in her reply.
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