Secretariat for Property Protection Municipality of Budva submitted a total of 17 complaints to the Judicial Inspection of the Ministry of Justice about the work and decisions made by public bailiffs over the past five years, which demanded the sale of a plot of 2.500 square meters on Lugovim, the only remaining property of the defunct Mogren football club.
This was confirmed by the "News" in that municipal department.
For years, the municipality has been fighting for the plot, which was the only one that remained registered at controversial football club, will be registered as its property because the local administration was one hundred percent founder of the club. It is a plot of land whose value now exceeds five million euros, because on one part the construction of two towers with apartments for the market is planned.
The Secretariat believes that the executor's decisions are illegal and that the plot, which includes half of the auxiliary field and part of the parking lot at Lugovi at the entrance to Budva, cannot be sold, since FK Mogren only has the right to use it, but not the right to own it.
"Vijesti" recently announced that the public executor issued a decision on execution, which was entered as an encumbrance in the cadastral records on an attractive plot of land, and by which the sale is requested in order to compensate the debts owed to the trustees. This is just one of a series of decisions that public executors have made in the past five years.
"In making a decision on execution at the proposal of creditors for the purpose of collecting monetary claims by selling real estate, a plot of 2.535 square meters registered with the right of use to the executive debtor FK Mogren, the public executors, in our opinion, grossly violated the provisions of the Law on Execution and Security, the Law on Civil Procedure and the Code of Ethics of Public Executives. The executive debtor FK Mogren was deleted from the register of sports organizations by the decision of the Youth and Sports Administration on June 27, 2016, against which no appeal was filed or an administrative dispute was conducted, so the decision is final. On the day the decision was made, FC "Mogren" ceased to exist and lost its party and litigation capacity," the Secretary for Property Protection stated in a letter to the Judicial Inspection, which "Vijesti" had access to. Đorđe Zenović.
He stated that the public executors carried out the actions after two and more years since the FC "lost its party and litigation capacity".
"According to the provisions of Article 79 of the Law on Civil Procedure in the sense of Article 14 of the Law on Execution and Security, it is the public bailiff's duty to determine during the entire procedure ex officio whether the person appearing can be a party to the procedure and whether he has legal capacity. Therefore, due to the mentioned fact, the public bailiff was obliged to reject the proposal for the execution of the creditor as impermissible or to determine the termination of the enforcement procedure. Also, Article 155 of the Law on Execution and Security stipulates that an extract from the real estate cadastre must be submitted along with the proposal for execution as proof of whether the real estate is registered as the property of the enforcement debtor on the real estate in question, and FK Mogren has the right to use it. Bearing that in mind, the decisions of the public executors are illegal because they are not aimed at the holder of the right of ownership, but the holder of the right of use," warned Zenović.
As he added, it was neglected to establish the fact that the plot on which the execution is directed is a green area - a first-class meadow and that it is located in the very center of the city, i.e. that it is an area for recreation, a sports facility, i.e. a city stadium.
"Therefore, it represents a local good in general use and according to the law on state property, as such it cannot be subject to execution. We would like to point out that on the cadastral plot in question, a record of the initiated expropriation procedure was entered on November 7, 2007, which prevents the execution, which indicates the illegal work of the executor. Further, on the same plot, a note of restitution was entered on April 19, 2012, and according to the Law on Restitution of Seized Property Rights and Compensation, it is prescribed that "null and void legal transactions were concluded after the entry into force of this law". In the context of this law, the conclusion is clearly drawn that the fact of noting the restitution prevents execution on the cadastral plot," Zenović pointed out.
He warned that the actions of public bailiffs in the specific case of Lugovi must be subject to analysis from a criminal legal aspect as well. "The municipality of Budva will take appropriate legal actions according to the competent state prosecutor's office," concluded Zenović.
A decade and a half ago, the Mogren football club received almost 100.000 square meters of land as a gift from the then DPS-SDP city administration - a complex of 12.000 square meters in Lugovi and 82.000 square meters in Dubovica, on the outskirts of Budva. In Dubovica, it was then presented to the public that the construction of a stadium and accompanying sports and business facilities was planned, which was one of a series of unrealized megalomaniacal ideas.
That idea fell through after FK "Mogren" entered into an arrangement with dubious offshore companies in 2009, behind which, according to the media, was a drug lord. Darko Saric.
After a stormy reaction from the public, as well as protests by the locals, as well as some DPS sympathizers, who accused their party colleagues of shady actions, the contract was terminated, and the largest part of the land was returned to the Municipality, while the plot of 2500 square meters remained, due to a combination of circumstances, still registered at FK Mogren.
Receivables are not entered in the financial statements
The failed FK Mogren, based on the final and enforceable decisions of the Arbitration Court of the Football Association of Montenegro and the Basic Court in Cetinje, owes former football players more than 320 thousand euros with interest.
The former champion of the country experienced a sudden collapse, and the players, coaches and people who participated in his rise are allegedly owed a lot of money, but those claims that have now started to surface were not listed in the financial report, which was adopted in 2016 at the last assembly of the club , before it was shut down. In August 2016, an attempt was made to revive the club, an assembly was held where the debts were listed in detail, but that was it. Then a debt of 4,9 million euros was presented.
The largest debt of 4,5 million euros was owed to Bor Lazović, the former sports director of the club, who stated at the session held at the time that the club owed him nothing and did not demand anything, because he gave everything for the success of "Mogren".
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