Former director of the Agency for the Prevention of Corruption (ASK), Jelena Perović, violated the law she was supposed to protect because she failed to report an increase in assets, or the possible existence of a conflict of interest, within the legal deadline.
This is the decision of the Agency, which is now headed by Dušan Drakić.
According to that decision, Perović was required to report, within 30 days, changes in property that occurred in 2019, when she sold an apartment in Cetinje measuring 86,45 square meters and a storage room measuring 7,74 square meters for 73.000 euros.
The agency assessed that this resulted in an increase in movable property, and that Perović did not submit a separate report on income and assets as required by law.
The agency, it is alleged, came to the conclusion through the investigation that Perović violated Article 25, paragraph 3 and Article 10 of the Law on the Prevention of Corruption - she did not report the monetary income generated from the sale of property, nor did she refrain from actions that could cause a conflict of interest.
It is specified that she failed to submit to the Agency a written statement on the existence of a private interest in connection with the conclusion of the contract, although she was legally obliged to do so.
The agency decided in this case after the Administrative Court's verdict on the lawsuit filed by the Network for the Affirmation of the Non-Governmental Sector, after the former assistant to the former director, Nina Paović, signed a decision that Perović was not obliged to submit a special report on assets and income due to a change in her financial situation of more than 5.000 euros after selling the apartment she received on favorable terms while she was the head of the Cetinje court.
It is about a property of about 87 square meters that Perović got on favorable terms and sold, but she did not fulfill her obligation and remained in the position of judge for five years, which is why the state sought and received compensation for damages by the judgment of the Basic Court in Podgorica.
The former director of ASK got the apartment in 2018 at a price of 31.960,3 euros, and she sold it in September 2022 for 73.000 euros.
According to the judgment of the Basic Court in Podgorica, which was appealed, Perović should return 58.539,7 euros to the state, as well as default interest from May 17, 2019, because she sold the apartment obtained on favorable terms.
The state initiated the dispute against the former director of the Agency after the initiative of MANS at the end of November 2022.
The attorney for the former director of ASK, attorney Nikola Martinović, claims in his appeal to the Higher Court that "there was no breach of contract, because the notarial deed UZZ No. 05/218 of 11 January 2018 is, in its content, a preliminary contract, which cannot constitute rights and obligations - except for the obligation to later conclude the main contract."
In April, the High Court in Podgorica confirmed the indictment of the Special State Prosecutor's Office (SDT) against the former director of the Anti-Corruption Agency and her former assistant Nina Paović for the criminal offenses of abuse of official position and the extended criminal offense of forgery of an official document. The trial is ongoing.
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