Kovačević and Raičević in two seats until the leader of ASK is elected

Presidents of Nikšić and Bar municipalities and members of the Assembly Marko Kovacevic i Dušan Raičević they have not yet given up one of their functions, although, according to the opinion of the Agency for the Prevention of Corruption (ASK), they should have done so by July 20.

The provisions of the new Law on the Prevention of Corruption, which prescribe this, will not be able to be implemented and applied until a new director of KAS is elected, the Council of the Agency told "Vijesti". The Council of ASK dismissed the former director on Monday Jelena Perović.

After the new Law on the Prevention of Corruption entered into force in June, municipal presidents can no longer be MPs because it has now been specified what local government bodies are (secretariats, agencies, municipal administrations...) and what local self-government bodies ( municipal president and municipal assembly). In the recently valid Law, which was passed in 2017, on the basis of which municipal presidents could also be deputies, there was no mention of local self-government bodies.

It was written that "a public official who performs duties in the state administration and local administration bodies cannot perform the function of deputy and councilor". In the newly adopted regulation, it is stated that "an official who performs duties in the state administration and local administration and local self-government bodies cannot perform the function of a deputy".

Former director of ASK, Jelena Perović at the end of July, she sent an opinion to the first man, Bar Raičević, in which he wrote that the functions of the president of the municipality and the deputy in the Parliament of Montenegro are incompatible and that he must give up one. In the same document, it is written that he should have done this 30 days after receiving the decision of the KAS, which was sent to him and Kovačević on June 20 of this year, which means that the legal deadline for resigning from one of the positions has already expired.

From the office of the President of the Assembly Andrije Mandić they did not answer the questions of "Vijesti" whether they had communication with Raičević and Kovačević or ASK on this issue and whether any of them resigned.

Kovačević is a member of the New Serbian Democracy, of which Mandić is the leader, while Raičević is a member of the Democratic Party of Socialists (DPS).

"Vijesti" has unofficially learned that neither of them submitted their resignations, and at the end of July they participated in the work of the parliament, including last week, which is after the expiration of the legal deadline for submitting a resignation to a position.

Although according to Article 14 and paragraph 3 of the Law on the Prevention of Corruption, a public official who performs duties in the "state administration and local administration and local self-government bodies cannot perform the function of a deputy", the former director did not rule that way in the case Branislav Nenezić from SD, who is a deputy and president of the local assembly in Bar.

Lawyers with whom "Vijesti" spoke earlier believe that the provisions of the new law should definitely apply to SO presidents, vice presidents and councilors.

President of the Council of ASK, Pavle Ćupić he told "Vijesti" that the work of the ASK in the previous period was characterized by selective application of the law and a very problematic interpretation of legal norms, and hinted at a review of the earlier opinions of the Agency's director.

"Therefore, it is not surprising that the public's impression is that decisions were often made based on different principles, and not based on the principle of uniform application and respect for legal norms, which is what the questions you asked also refer to," he said.

According to him, the director of the Agency is responsible for the implementation and application of the law, which must necessarily be uniform in relation to not all categories of public officials.

New director "for the recovery of ASK"

The Council expects that the acting director will be elected as soon as possible. Ćupić added that the role of the KAS Council is to provide an effective supervisory function over the work of the director as the executive body of the Agency.

"The Council, in accordance with its legal and statutory powers, will approach this task with dedication and thoroughness, in order to return the Agency within the framework of legal proceedings as soon as possible and begin the recovery of this important institution," he said.

Pursuant to Article 16 of the Agency's Statute, which was adopted by the Council at the previous session, the Director is given the opportunity to request an opinion from the Council regarding issues within his competence, when he deems it expedient.

The Council, as one of the organs of the Agency, will take a position and give its opinion in a timely manner in all such cases.

"Vijesti" learned that the session of the Council, on the agenda of which is the question of the Acting Director of the Agency, is scheduled for Friday.