Blažo Jovanić, the president of the Commercial Court of Montenegro, rejected a complaint by NGO MANS requesting measures to be taken against Žarko Ostojić, the insolvency practitioner of salt works Solana “Bajo Sekulić”, all because of his attempt to sell the state land that was used by the company from Ulcinj. Due to the suspicion that he abused his office with such act and non-performing of his duty, a criminal complaint was filed against Jovanić today.
In mid-April, MANS requested Jovanić to take legal actions against the insolvency practitioner for announcing the sale of Solana’s property, including more than 15 million square meters of state land to which the company from Ulcinj claims the right to use, but not the property right. Also, due to suspicion of abuse of office, the President of the Commercial Court was suggested to consider filing a criminal complaint against Ostojić.
In a vague response to the complaint, Jovanić stated that he had “obtained the statement of the acting judge and administrator” in relation to the subject matter, and that he concluded by “careful assessment of submitted statements” that the insolvency practitioner acted in accordance with the law, and that there were no elements for initiating procedure. What were the contents of the statements of the insolvency practitioner, and how and to what extent Jovanić analysed and assessed it, remains unknown.
On the other hand, by this (non) acting, Jovanić put the obvious illegal activities carried out by the insolvency practitioner Ostojić under his own and protection of the institution he manages, and which, if carried through, will cause invaluable damage to the public interest. Because of this, the former President of the Commercial Court is now included in criminal charges against the insolvency practitioner and other persons from the state administration.
Let us remind that in April this year, four NGOs filed a criminal complaint against Žarko Ostojić, as well as against responsible persons of the Property Administration, the Real Estate Administration and the Protector of Property and Legal Interest of Montenegro, because on March 11, Ostojić announced 15th tender for the sale of Solana property, along with the sale of the state land that Solana had the right to use only while it produced salt. This right ceased following the declaration of bankruptcy in the company, since it no longer produces salt. Nevertheless, the state land registry still does not register who is the real owner of the land, and the procedure on this issue continues. What is undeniable is that Solana was never the owner of the land, but only the user, and it had this right based on exploitation of salt – which they no longer do.
The area of Solana has long been recognized by the relevant domestic and international addresses as extremely valuable because it is a refuge for a large number of rare species of birds, but also of other plant and animal species, and this is supported by the fact that the proclamation process is underway for it to be protected area and Nature Park. However, what various experts clearly see and try to protect can easily be discredited by the actions of the competent state institutions, including the Commercial Court of Montenegro, which by this procedure clearly chose the side private owners of the company and their profits.
Lazar Grdinić
NGO MANS
