Judge of the Supreme Court of Montenegro Milenka Seka Žižić She violated the Anti-Corruption Act - she failed to report that she was a co-owner of a 52-square-meter apartment, which she sold and received 14.000 euros in income from.
This is stated in the decision made by the Agency for the Prevention of Corruption.
The explanation states that the Agency initiated the procedure because Žižić did not submit a report on the increase in assets based on the sale of real estate, from which she and a relative earned 28.000 euros, and did not report the income earned in July 2018 in the regular report on income and assets for 2018.
Žižić stated in her statement that it was not about increasing assets, but about changing illiquid assets in the form of real estate into liquid assets in the form of money.
"Active assets are economic resources that are the result of past events (inheritance), while income represents an increase in assets. The apartment was inherited, not earned, and it was duly and timely reported, and its sale was not reported nor did it have to be reported because her assets did not increase, but rather illiquid assets in the form of real estate were converted into liquid assets, and the money received from its sale was not generated income nor was the assets increased. After all, the aforementioned assets have already been spent on personal health needs. Income is taxable, and specifically the conversion of illiquid inherited assets into liquid assets is not, which means that it is absolutely incorrect and malicious to claim that there was any increase in assets," Žižić stated.
The agency, as stated in the decision, inspected its registers, but also the sales contract with the notary, and the Real Estate Administration.
After evaluating the evidence presented, the Agency determined that Žižić violated the Anti-Corruption Law because in her income and assets report for 2018, she failed to report that she was a half-owner of the property until August 7 of that year, as well as that she received the amount of 14.000 euros from the sale of the aforementioned apartment, which she was obliged to report.
"...Given the above and the fact that the public official did not earn income from leasing movable and immovable property, but from the sale of real estate, which does not represent a source of income in accordance with the Law on Personal Income Tax, she was not obliged to report the funds from the sale of real estate in the report on income and assets in the event of changes from the Report relating to an increase in assets exceeding 10.000 euros," the Agency's decision states.
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