The dismissed president of the Cyber Security Agency Council, Jovan Kljajić, announced that he will seek protection of the law and his rights from the court on his first working day.
The Agency for the Prevention of Corruption (ASK) has determined that Kljajić cannot simultaneously be the President of the Council of the Cyber Security Agency and the Acting Director General of the Directorate for Infrastructure, Information Security, Digitalization and E-Services of the Ministry of Public Administration (MPA), as he could face a conflict of interest.
After ASK issued its opinion, the Government removed Kljajić from the position of President of the Agency's Cybersecurity Council.
"On Friday afternoon, the KAS, in an opinion that - as they themselves state - has final legal effect, determined the incompatibility of the functions that I have been performing concurrently for less than 30 days, and on the same evening, the Government dismissed me from the position of President of the Council of the Cybersecurity Agency at an electronic session. This personnel proposal was not submitted by the Minister of Public Administration as the only authorized person, but by administrative and technical staff from the General Secretariat of the Government. In order to determine the incompatibility of the functions, the KAS previously annulled its (also final) opinion for the same legal situation in which it allowed the compatibility of functions in the council of the state agency and the ministry, number: 02-03-2072/2 of July 21," Kljajić stated in a statement.
He adds that this kind of behavior says everything about the credibility, independence and impartiality of such an Agency for the Prevention of Corruption.
"The Government dismissed me based on the previously cited final opinion of the Agency, which superseded their previous final opinion. Even though the Agency gave me a five-day deadline to act on such an opinion, the Government dismissed me within five hours of the media publication of the ASK opinion, without checking its legality and without a procedure before the Personnel Commission. Unfortunately, the Government violated the provisions of the Law on Information Security, the Law on the Prevention of Corruption itself, which it referred to, and the Regulation and Rules of Procedure."
Kljajić adds that he will seek protection of the law and his rights from the court on his first working day, and that he believes that this should not bother those who voted for the decision made in this way.
"Now, I, who announced my respect for the decisions of the competent authorities, am forced to protect the law in favor of the entire system, namely the Cyber Security Agency, which is under pressure, and I am publicly filing a complaint against the member of the Agency Council, Goran Dragaš, due to suspicion of a conflict of interest. Mr. Dragaš is a representative of the General Secretariat of the Government on the Agency Council, and is employed by a business company - an insurance company, which is controlled by the Cyber Security Agency according to the letter of the Law, and in whose management body he simultaneously exercises authority. Let us recall that a conflict of interest in the performance of a public function exists when the private interest of a public official influences or may influence the impartiality of a public official in the performance of a public function, as well as in other situations that may lead to a conflict of interest. Accordingly, Mr. Dragaš's job in a business entity may cause a conflict of interest in the performance of a public function pursuant to Article 9 of the Law on the Prevention of Corruption, because the Cyber Security Agency, pursuant to the provisions of Articles 19 to 25, and 52, 53 and 54 of the Law on Information Security, exercises supervision and control between "Among other things, over the business entity - the insurance company in which Mr. Dragaš is employed," said Kljajić.
He believes that the Agency for the Prevention of Corruption, as he stated, will make a decision in that case with equal zeal and urgency, in order to remove any suspicion of a conflict of interest in the Cyber Security Agency, which he believes is a prerequisite for the Council's further work.
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