The Agency for the Prevention of Corruption will have to decide by the middle of the month whether the former head of state is Milo Djukanovic violated the law by reporting "ruins of various buildings" in Kočani for years, which turned out to be two luxury villas.
This was recently ordered by the Administrative Court in October, three years after they asked the same from the management headed by Jelena Perović, which refused to comply with the ruling. Due to non-compliance with the court ruling, the Network for the Affirmation of the Non-Governmental Sector (MANS) appealed to the court again in 2022.
"The Agency for the Prevention of Corruption undertakes to, without delay, and no later than within 30 days of receiving the verdict, issue an act in execution of the verdict of the Administrative Court of Montenegro, U. no. 1924/2019. from January 18, 1," reads the judgment of October 2021.
The Agency told "Vijesti" that they "took this case into consideration as a matter of priority and it is currently in the process".
"Judgment of the Administrative Court U. no. 7957/2022, adopted on October 8, 10, was delivered to the Agency on October 2024, 18. With this judgment, the Court obliged the Agency to issue a new decision within 10 days of receipt, which refers to the UPI case 2024-30-02 /04 at the request of the NGO MANS, which concerns the public official Milo Đukanović. The Agency took the case into consideration as a matter of priority and it is currently in the process. In order to execute the new judgment, the Agency will submit the relevant Decision to the court by the expiration of the legal deadline, filed under UPI number 46-19-02/04-46, and will take all necessary steps to comply with the orders from the Administrative Court's judgment", they said and reminded that the earlier decision of the Agency, registered under UPI number 23-2019-02/04-46 dated 2/2019/26.03.2019, was annulled by the judgment of the Administrative Court U. no. 1924/19.
"...After which, on October 12, 10, the Agency issued a new Decision (UPI 2022-02-04/46-23), which was contested by the NGO MANS before the Administrative Court, where the Agency has already submitted an answer and where the procedure is expected to will be resolved in the following period", said the Agency.
In its ruling, the Administrative Court reminds that in March 2021, MANS's lawsuit was accepted and the decision of the Agency, which it headed at the time, was annulled Happy Radonjic, and Perović was ordered to conduct the procedure and check whether Đukanović violated the Law on Prevention of Corruption by not reporting accurate data in the reports on assets and income.
"Since the defendant did not act according to the court's decision and passed a decision in the execution of the said verdict, even after the submission of September 6, 9, MANS proposed that the court act in accordance with its powers," the verdict states.
It is established that the Agency, in response to the request from 2022, defended itself with claims that MANS "does not have the status of a party in administrative proceedings pursuant to Article 51 of the Law on Administrative Procedures, by not submitting to the court an act in execution of the said judgment".
"Taking into account that the defendant did not submit the case files, and considering the nature of the legal matter in question, the court was not able to decide on a dispute with full jurisdiction, so it adopted the subject request and left a deadline in which it is obliged to issue an act in execution of the judgment ", the judgment reads.
"Vijesti" announced in March 2019 that two of the three houses on the Đukanović family estate in Kočani were not registered and did not exist in the records of the Real Estate Administration, ASK, nor on the website of the Nikšić Secretariat for Urban Planning.
Buildings that are not "ruined", as Đukanović had previously reported them to the state authorities, are clearly visible on the aerial photographs provided to "Vijesta".
The then director of the Agency, Sreten Radonjić, in response to the initiative to control Đukanović's property, told MANS that "he bases his allegations on newspaper articles, which are not legally relevant evidence...".
The former president of the state never denied writing "Vijesti".
As of the summer of 2020, he is the official owner of the houses in Kočani which, according to the data of the Real Estate Administration previously published by "Vijesti", were built by his younger brother without a building permit. Aco Djukanovic. The former DPS leader got the property through an exchange with his brother, who on the same day registered the house and land in Rastoci, Nikšić, which he claims he acquired through the exchange.
According to the report on assets and income one year after the termination of his position, he is the owner or co-owner of several residential premises, including villas in Kočani. On him and his wife Lydia more than 100.000 square meters of land were registered.
Đukanović owns a quarter of the shares in the company "Universitas" and half in the company "Global Montenegro". As a former president, he receives a fee of 1.747 euros.
Đukanović did not allow access to the accounts, which the previous law allowed, but he reported savings of more than 35.000 euros.
Excavators sent, but parked
On April 4, 2023, the construction and urban inspection of the Ministry of Ecology, Spatial Planning and Urbanism issued a decision according to which Đukanović is ordered to demolish two buildings in Kočani within 20 days.
In the inspector's decision, it was also written that the reason for the demolition is that the buildings were built contrary to the valid Spatial-Urban Plan (PUP) of the Municipality of Nikšić, that is, because they are located in the "green protective belt" zone. On April 12, 2023, the Djukanovics filed an appeal with a proposal to postpone the execution of the decision on demolition, on April 24, an appeal due to the silence of the administration, and in June of last year, a complaint to the Administrative Court - due to the silence of the administration.
A decision was published on the Government's website this summer according to which the Đukanovićs were obliged to demolish one of the two buildings in Kočani, but it was deleted a day later, and the then minister Janko Odović claimed that this decision was never made.
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