Despite numerous decisions in his favor, the former official of the Administration for Cadastre and State Property Aleksandar Rašović from Podgorica, who was employed in that institution for an indefinite period of time since 2007, has been without a job and has not received a salary for almost three years.
Previously, as he told "Vijesta", the director at the time Dragan Kovacevic he did not make any legally valid decision and explanation with legal instructions, because of which Rašović, a doctor of science, is left without a job.
The Appeals Commission of the Government of Montenegro accepted several appeals by Aleksandar Rašović and annulled the decision of the Administration. In December 2020, the Administrative Court ruled in favor of Rašović.
A hearing has been scheduled for September, as the Administration for Cadastre and Property told "Vijesta".
Today's Administration for Cadastre and State Property was formed in January 2021, by merging the former Administration for Cadastre and Administration for Property.
Dragan Kovačević headed the Management Board from June 2012 to July 2020. He was accused of illegally appropriating state land in the Morski Dobr zone. Kovačević has been on the run since February 24, after he was released from the Remand Prison. Instead of Kovačević, he was appointed as the first man of the Administration Koča Đurišić.
Rašović told "Vijesta" that on July 1, 2019, the director at the time issued a decision placing him, as an employee for an indefinite period, at the disposal of the personnel management authority, for the needs of the internal labor market. Rašović also claims that this was done "without a legally valid explanation".
The Appeals Commission, as a second-instance body, in mid-October of the same year, he adds, passed a decision accepting Rašović's appeal and canceling the decision of the Administration for Cadastre and State Property. The Administration, however, as he said, did not act on the Commission's decision, but on December 31, 2019, brought a new one on referral to the internal labor market, "identical to the first one", which the Commission had already rejected.
"On December 26.12.2019, XNUMX, in the premises of the Administration for Cadastre and State Property, I was already heard by summons for three decisions of the Appeals Commission, where I stated that I completely stand by everything given in the Commission's decisions and that the Administration for Cadastre and Real Estate has never determined the factual situation in the specific situation, statements and facts, and that due to the incomplete and improperly established factual situation in the specific situation and incorrectly applied material law, I rejected all unconstitutional, illegal and illegal decisions of the Administration, as well as that the Administration, in accordance with the Law on Administrative Procedure , has never enabled insight and participation and familiarization in the mentioned cases," said Rašović to "Vijesta".
With a new decision from December 24, 2020, the Commission again accepted his appeal and annulled the Management's decision from December 31.12.2019, XNUMX.
"As senseless and legally unsustainable", he said, adding that at the beginning of December 2020, the judgment of the Administrative Court was obtained in his favor.
He also claims that the first-instance authority "never reacted, responded, or issued new legally-based decisions within the legal deadline of 30 days" to the requests for action based on the decisions of the Commission and the judgment of the Administrative Court.
"The administration's silence is already measured in years. On February 12.02.2021, 2019, as an official of the Administration for Cadastre and State Property, I submitted nine requests to proceed according to the judgment of the Administrative Court, which approves my lawsuit and other second-instance authorities in order to resolve my cases, and they concern the unpaid part of the salary for 01.01.2020, unpaid salary from January XNUMX, XNUMX, payment of contributions and insurance, access to official premises..." said Rašović.
At the beginning of April last year, as he said, he had a meeting with the then acting director Koča Đurišić, from whom, among other things, he demanded the adoption of new, law-based decisions, in accordance with the ruling of the Administrative Court and the decisions of the Appeals Commission.
"So that I could finally return to work and start exercising my rights. Acting director Đurišić then promised me that my case would be resolved that week or the next at the latest," Rašović claims.
From the beginning of March 2021 to July 19, 2022, he sent thirteen urgent requests to the Administration - requests for action in accordance with court judgments and decisions of second-instance authorities, as well as decisions and opinions of other state institutions.
"From the first-instance authority, I never received a concrete answer to the sent requests, nor did they act according to the law. Instead of passing a new, legally-based decision on returning to work, and paying out funds within 30 days, the Administration for Cadastre and State Property issues again primitive, unconstitutional, illegal and illegal decision number 01-012/21-5518/45-19 of 06.07.2021/XNUMX/XNUMX on the referral to the internal labor market by the acting head of the body Koča Đurišić, which is beyond any legal deadline and common sense. The solution is identically unconstitutional, illegal and illegal, as all the previous ones have already been overturned," says Rašović.
At the end of April, he received another decision from the Appeals Commission, which "for the umpteenth time" accepts his appeal and cancels the decision of the Administration from July 2021.
"With requests and emergencies, I turned to the first-instance authority to obtain a certificate of employment, so that I could apply for competitions/advertisements through the Human Resources Administration," says Rašović. He also claims that Đurišić refused to provide him with a certificate and thus made it impossible for him to apply for competitions.
"One of these is the recruitment of the Human Resources Administration from February 07.02.2022, 26, for the position of director of the Cadastre and State Property Administration. As an interested party and an employee of the Cadastre Administration, I sent two requests for statements to the Administration on February 09 and March 2022, 17.02.2022 for Cadastre and State Property and the Human Resources Administration, regarding the advertisement for the position of Director of the Cadastre Administration, as well as the initiative for the inspection of the Ministry of Public Administration on February 02, 100, and requested urgent action on the request in question and to challenge and cancel public competition number 22- 220/3-07.02.2022/XNUMX dated February XNUMX, XNUMX, until this legal issue is resolved and allows all interested candidates to apply. Even the Human Resources Administration officially forwarded my request to the Ministry of Justice," Rašović told "Vijesta" , questioning the fact that Đurišić was elected as director, "even though he himself did not allow other interested candidates to apply".
As he told "Vijesti", Rašović addressed the problem to other state institutions and bodies, complaining about the administration's silence.
In addition to others, as a department that supervises the Administration, he addressed the Ministry of Finance. Former minister Milojko Spajić sent a letter to Đurišić at the end of April 2021 to act according to the law, which, according to Rašović, the director of the Administration ignored.
"Thus, the head of the authority enters deep into the zone of criminal responsibility due to negligent work in the service and abuse of official position," he said.
On the case of Rašović, the Protector of Human Rights and Freedoms issued two opinions - at the end of October 2021 and in the middle of April this year. The opinions of the Protector were again in favor of the former employee of the Cadastre Administration.
In addition to other things, the MJU, i.e. the Department of Administrative Inspection, issued several notices (decisions) pointing out the irregularities of the Administration in relation to the injured party Rašović, with the indication that the head of the Administration's body Đurišić and the Administration for Cadastre and State Property violated the Constitution, i.e. the constitutional right by non-compliance and non-responses.
In November 2021, the Human Resources Administration also indicated that, due to the failure to issue an employment certificate, the Acting Director of the Cadastre Administration prevented Rašović from applying for public competitions.
"As an expert in the field of corporate governance, management, financial management and controls and the Board of Directors, a doctor of science with dozens of published scientific research papers, it is surprising that there is allegedly no need for my profile and reaction, and received by the current head of the body in the last for months more than dozens of employees of various profiles under the contract, but Koča Đurišić knowingly continues with discriminatory, unconstitutional, illegal and illegal actions with serious elements of criminal responsibility and abuse of official position," Rašović said.
And the Minister of Finance in the 43rd Government, Aleksandar Damjanović, is aware of the case of Rašović, and his department replied to "Vijesta" that "all issues related to the handling of the work engagement of civil servants and employees working in state bodies are the subject of action by the elders authorities", and that "the Ministry of Finance is responsible for controlling the implementation of public policies".
Management: We inherited the case, we hope it will be resolved to mutual satisfaction
The Administration for Cadastre and State Property said that, after reviewing the case files, they found that the former Real Estate Administration adopted the Rulebook on Internal Organization and Systematization 2019, by which Rašović, due to changes in the internal organization, is placed at the disposal of the personnel management authority. for the needs of the internal labor market and determining the possibility of its appropriate deployment.
"Also, as an inherited situation in the case files, we noted that the explanation for that decision is that the position to which the appointee was assigned in the Department for Human Resources Development was not provided for by the Regulations of the then Real Estate Administration, because the Department for Human Resources was abolished in which the appointee was assigned. Without going into the reasons and decisions made by the former Real Estate Administration, which initiated the procedure and placed the appointed person at the disposal of the personnel management authority for the needs of the internal labor market, which conducted the procedure in the period from 2019 until the day of its termination in January 2021, which has not been completed, this The administration inherited the case, got acquainted with the case files and continued the proceedings in accordance with the ruling of the Administrative Court", they told "Vijesta".
They added that the Administrative Court annulled the decision of the Appeals Commission, that the Commission had not been formed for a long time.
"We also inform you that the appointed person submitted a lawsuit to the Basic Court in Podgorica against the defendant Montenegro, the Administration for Cadastre and State Property, due to the decisions of the former Administration for Real Estate, for the purpose of compensation for damages, which proceedings are ongoing before the competent court," they told "Vijesta" .
They also claim that they issued a certificate of work experience to Rašović.
They added that, in accordance with the ruling of the Administrative Court and the decision of the Appeals Commission, before the editorial address, the Administration sent Rašović a summons for hearing.
The hearing, as they stated, will be held in September, and the Administration, as they said, "will act in accordance with the law in the further proceedings."
"We hope that this case will be resolved to the mutual satisfaction of the parties in the proceedings, and in accordance with the law", they stated in the answer.
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