An official of the Civic Movement (GP) URA, employed by the state-owned company "Project Consulting" (PROCON), Aleksandra Šćekić Boljević, violated the Law on Financing Political Entities and Election Campaigns because she attended the convention of the list "Jakov Milatović - For a Better Podgorica" during working hours at the end of August last year.
This is stated in the decision of the Agency for the Prevention of Corruption (ASK), which "Vijesti" had access to.
On August 27, 2024, at 12 noon, Šćekić Boljević attended a pre-election rally where the list of the Movement for Podgorica, GP URA and the Movement for Change (PzP), which participated in the local elections in the capital held at the end of September last year, was presented, and she logged off from work three hours later.
ASK justifies its decision with the provisions of the Law on Financing Political Entities and Election Campaigns (Article 44, paragraph 4), according to which, during working hours, except for MPs and councilors, public officials, employees of state bodies, state administration bodies, local self-government bodies, local government bodies, public enterprises, public institutions and state funds are prohibited from engaging in election campaign activities.
The decision states that Šćekić Boljević stated in March that she used a break (at work) to attend the event, and that she did not attend it until the end, referring to Article 73 of the Labor Law, according to which employees have the right to a break during working hours, but also emphasizing that there is no legal provision that limits how it can be used.
Šćekić Boljević also "defended" herself with the Constitution, which guarantees freedom of political activity, adding that she wants to believe that the report is not directed against that freedom, guaranteed by the highest legal act and international documents.
The agency rejected her claims as unfounded, because, as they state, the attendance records of the company where Šćekić Boljević is employed do not indicate when she took a break, but even if she did, she would still be violating the law because that period, according to the same article of the Labor Law she cited, is counted as working time.
The ASK explanation also states that the 2017 Decision on the Working Time Schedule of PROCON stipulates that the break in work lasts from 11 to 11.30, but that, in accordance with the internal agreement, employees use it in the period from 10 to 10.30, with the exception of the case where the employee needs to use it at a different time on a certain day, and if this does not disrupt the work process. Also, if the employee cannot use the break at the agreed time due to work-related obligations, he is allowed to do so at another time.
The election rally of the newspaper "Jakov Milatović - For a Better Podgorica" was held at the "Hilton" hotel in Podgorica, and began at 12 noon, with the workplace of Šćekić Boljević on Moskovska Street.
The campaign period is calculated from the day the elections are called (July 27) until the announcement of the final results (October 30).
The Agency, headed by Dušan Drakić, reminded that PROCON was founded by the Government and that the company is 100% owned by it.
The company's website explains that it represents the National Unit for the Implementation of Projects in the Field of Utility Activities and Environmental Protection, and that its business policy is dedicated to achieving the goals defined in various state strategic documents adopted for the purposes of realizing the idea of sustainable development of an ecological state, i.e. the implementation of projects, the establishment of an adequate infrastructure system that will ensure the prevention of pollution of natural resources, primarily water, air and soil.
Šćekić Boljević may initiate an administrative dispute against the ASK decision (by filing a lawsuit with the Administrative Court) within 20 days of receipt.
Milatović did not break the law because he was on the press list during working hours
Head of State Jakov Milatović was also under the scrutiny of ASK during the campaign for the Podgorica elections.
He is considered close to the Movement for Podgorica and his name was placed at the front of the list of that group, GP URA and PzP.
ASK investigated whether he had violated the law in the same way as Šćekić Boljević, but it was determined that as president he did not have prescribed working hours that would limit him from carrying out activities related to the promotion of the electoral list.
The Network for the Affirmation of the Non-Governmental Sector (MANS) asked ASK to initiate proceedings and establish a violation of the Law on Financing Political Entities and Election Campaigns, because Milatović was at a press conference for the list he supported during working hours.
He stated and pointed out that the president's working hours are not defined in advance by either regulation or employment contract, and therefore it is not possible to violate working hours in the manner stated in the MANS application.
As he stated, on that day, as on every other day, he organized his schedule in accordance with his daily presidential obligations, so that participating in the aforementioned conference did not in any way affect the timeliness and quality of his presidential obligations.
On the other hand, the Agency concluded that the head of state violated the law by filming a campaign video on official premises during the same campaign.
On that occasion, he defended himself by saying that in the aforementioned video, he did not promote any electoral list or candidate, but rather called on citizens to vote for whoever they believe will best represent them in the local elections in the capital.
Bonus video:
