The chief special prosecutor, Milivoj Katnić, was informed that on February 17, at 18.30:XNUMX p.m., his mandate was terminated by the decision of the Supreme Court.
He was in that position for 2.432 days.
Eight TS members voted for Katnić to leave office, while Jovićević and Ivanović were against it.
After a long discussion, the acting VDT allowed Milović's proposal to be accepted, and with six votes they decided to publish an advertisement for the new GST as early as tomorrow.
The advertisement will be published without the Prosecutor Vacancy Plan, due to the urgency of the new GST election.
Milović procedurally requested that, in accordance with Article 14 of the Law on Special State Prosecutor's Office, the TS, as a collegial body, should decide by voting on the immediate announcement of an advertisement for GST, and that the advertisement be announced on the next working day - Friday, February 18.
The incumbent said that the legal procedure is to first adopt the Plan for vacant prosecutor positions, and then deal with advertisements.
Secretary Topalović said that it is not a problem to prepare the Plan in a very short period of time.
Gazivoda repeated that the advertisement should be published today, and then they should slowly deal with the Plan of vacancies for prosecutors.
Borivoje Đukanović responded that elementary matters oblige them, and that the Law on Special State Prosecutor's Office obliges them to do it immediately, and to do it outside the Plan.
"Let's vote," Djukanovic said.
Muk then said that the Plan for vacant prosecutor positions has expired, but that everyone in TS has a strong need, therefore, to urgently announce a competition for GST.
"There is no reason to prolong this issue," Muk said.
Then the acting VDT proposed that the session be interrupted and continued as an electronic session, and that the Secretariat of TS should deal with the issue of the Plan already tomorrow.
"Let's deal with this issue on Monday. I think that's the best way to comply with the law," said Jovanović.
Gazivoda asked for help from the secretary of TS, Tatjana Topalović, and asked if it had happened so far that someone who was not in the Plan, had progressed and if that was why they brought a new Plan or changes...
"Mostly we did, small objections, but it was there," said Topalović.
Milović pointed out that the GST position is now vacant, and that they cannot now rely on the Plan.
"We first have to follow the law, then the Rules of Procedure, which we have to change," Milović said.
He emphasized that the law has supremacy over the Rules of Procedure, and that they should already make a decision today on announcing the announcement of the new GST, and that it should be published tomorrow in the Official Gazette and in the media.
Prosecutor Jovićević said that she believes that they are skipping steps, and that they should first adopt the Plan, and then announce the competition for GST.
"We have nothing to plan here, because we don't have GST now," said Gazivoda.
Members of TS Gazivoda and Muk are in favor of making a decision on the announcement of a competition for the new GST today, and that it should not be delayed.
"As of today, the mandate of the GST ends today, so it would be good to announce the tender for the new GST today, and for the public advertisement to start running already tomorrow," suggested Muk.
Gazivoda suggested that according to Article 14 of the Law on Special Prosecution, they publish an advertisement for the new GST, and that logically this is a higher priority than first creating a Plan for vacant prosecutor positions.
"This is now our priority, in order to continue some continuity," said Gazivoda.
Prosecutor Vesna Šćepanović's position ended in 2021, and the Supreme Court voted to terminate her right to compensation on February 2, 2, because she turned 2022 years old.
According to the request of the prosecutor Snježana Zejnilagić, her termination of office was noted.
Prosecutor Luka Martinović submitted his resignation, and requested that the Supreme Court grant him the right to a one-year compensation upon termination of office.
TS unanimously approved the request of the plaintiff from Cetinje.
Prosecutor Tanja Nišavić was elected deputy disciplinary prosecutor with 7 votes, while Jovović and Milović abstained.
TS elected prosecutor Danka Ivnović Đerić as disciplinary prosecutor with 9 votes, Muk abstained.
The chief special prosecutor, Milivoj Katnić, was informed that on February 17, at 18.30:XNUMX p.m., his mandate was terminated by the decision of the Supreme Court.
He was in that position for 2.432 days.
Eight TS members voted for Katnić to leave office, while Jovićević and Ivanović were against it.
Prosecutor Ivanovic also said that the PIO Fund's notification contradicts "itself".
"In the parenthesis for Katnić, they write about the act to the Ministry from June 2021, from which they concluded that he has a benefited working experience. Here, let's ignore Katnić's letters, where he makes comments and remarks, but let's look at the solutions where it is written that this is now being handled by the Administrative procedure. Therefore, it does not follow from this that he has the conditions, because of this I believe that we cannot rely on the data of the PIO Fund and that we do not have the conditions to state the decision. Therefore, first the PIO Fund should end that procedure, so that we then know on what we are," Ivanovic said.
And for the special prosecutor, the act referred to by the PIO Fund is legally invalid because it has been repealed, so it is disputed that they should make a decision based on a legally invalid act.
"From the decision of the PIO Fund from November 2021, his military service was determined, because it was determined by the Military Court before that," Milović replied.
Prosecutor Jovićević denied that "his seniority was established".
Prosecutor Jovićević repeated the facts, which GST published on the website of the SDT during the day, about the facts regarding the conduct of the proceedings and the Administrative dispute regarding whether and how much contributions were paid to him for the benefited service he achieved as a military person.
"The purpose of my presentation is that the complete material and decisions indicate that there is an ongoing administrative dispute regarding the determination of the beneficial service period for GST. Therefore, the administrative dispute is still ongoing, it seems to me that it is in the additional material during the session, and that it can be seen that those payment of contributions - none. Therefore, these data are not precise, exact, and I think that for Katnić and other colleagues, these data that we received from the PIO Fund should have been checked," said Jovićević.
Acting VDT said that TS is not obliged to lead an administrative dispute, but to state the termination of the mandate.
"The PIO Fund rejected Katnić's request to add up his total benefited seniority, so I'm speaking from the facts, that is, from the decisions of the PIO Fund, and I think that would be the minimum of our seriousness and that we are obliged to check this data," said Jovićević.
She said that "there are other motives behind all this"...
Prosecutor Jovanović refused to exclude prosecutor Jovićević during the vote, while she accepted the reason and approval for Gazivoda's exclusion.
Katnić asked for the termination of the declaration of the termination of his mandate while the administrative dispute regarding the benefited seniority, initiated after his request before the PIO Fund, continues.
Members of the TS collegially voted not to accept the decision to suspend, and by a majority of votes - 8:2.
Bonus video:
