The decision on the demolition of the president's buildings is legal violence, Đukanović will initiate criminal proceedings

The lawyer of the President of Montenegro, Milo Đukanović, Neda Ivović, announced that the decision of the Ministry of Ecology, Spatial Planning and Urbanism ordering Đukanović to demolish two buildings in the Kočani settlement in Nikšić is a blatant example of legal violence, and that it is based on inaccurate, contradictory and incomplete statements.
For this reason, as she stated for "Pobjeda", Đukanović will use all available legal means and initiate criminal and civil proceedings in order to protect his rights.
We remind you that the Civic Movement URA announced last night that a resolution was passed ordering Đukanović to demolish, as they said in that party, the illegally built buildings in Kočani, and that otherwise the state will do it. In the decision of the department of Ana Novaković Đurović, it is stated that the deadline for the execution of the order is 20 days from the day of its receipt.
The authorized representative of President Đukanović told our media that yesterday, based on media and social media posts, they were first introduced to the decision of the Ministry of Ecology, Spatial Planning and Urbanism, which orders the demolition of buildings located on land that represents family heritage - grandfather's owned by the Đukanović family.
On April 4, 2023. Based on media reports and social media posts, we were first informed that the Ministry of Ecology, Spatial Planning and Urbanism, on April 4, 2023. issued a Decision, number: UPI 12119-042/23-363/1, ordering the owner, Milo Đukanović, to demolish the buildings located on the land that represents the family heritage - the grandfather's house, the grandfather's house and buildings next to the house, which was initially built more than from a century. In the substantive legal sense, the decision is based on incorrect, contradictory and incomplete statements, while in the procedural legal sense - the concrete decision was made in gross violation of the basic principles of the administrative procedure. Therefore, the decision represents a blatant example of legal violence, and is obviously the result of arbitrary and arbitrary action, which is motivated solely by the intention to directly harm Milo Đukanović and the Đukanović family - Ivović emphasized in the answer.
She pointed out that the buildings on the property - the ancestral home of the Đukanović family - date back to the beginning of the 20th century, and that in 2018, requests for legalization were duly submitted to the Municipality of Nikšić.
Former family buildings were renovated by Aco Đukanović, as the previous owner. In accordance with Article 156 of the Law on Spatial Planning and Construction of Buildings, on June 13, 2018, requests for the legalization of buildings on the family estate were duly submitted to the competent authority of the Municipality of Nikšić - the Secretariat for Spatial Planning and Environmental Protection. Regarding the submitted applications for legalization, the Municipality of Nikšić - Office of the Chief City Architect issued a certificate, business designation: UP/Io number 20-350-467, dated August 7, 2020. The facilities are located on the Ortho-photograph of the relevant Ministry, which is confirmed by public information from the response of the Ministry of Sustainable Development and Tourism, which states: "After the inspection of the official records, the vertical and oblique Ortho-photograph, available on the Ministry's website of sustainable development and tourism (www.mrt.gov.me), it was determined that the object in question is located on the same site" - adds Ivović.
He adds that the Secretariat for Spatial Planning and Environmental Protection of the Municipality of Nikšić, 22. in June 2018, issued decisions on the termination of initiated legalization procedures until the adoption of the General Regulation Plan of Montenegro.
Pursuant to Article 157 paragraph 3 of the Law on Spatial Planning and Building Construction, the obligation of the Municipality of Nikšić, specifically - the Secretariat for Spatial Planning and Environmental Protection as the competent body of the local administration, is to, within 30 days from the date of receipt of the request and documentation for legalization, pass a decision on the termination of the procedure and to inform the competent inspection authority about the adopted decision in order to terminate the procedure for the removal of the object. Article 170 paragraph 1 of the Law on Spatial Planning and Building Construction stipulates: "An illegal building that is not legalized in accordance with this law will be removed in accordance with the law" - explains Ivović.
As a request for legalization has been submitted for specific buildings, it is indisputable that the conditions for their demolition, that is, their removal, have not been met, emphasizes Ivović.
This norm is clear to everyone and, as we appreciate, an interpreter is not needed for it. Bearing in mind all of the above, as well as the fact that the disputed administrative procedure was carried out in almost seven days, without proper notification and participation of the owner of the building, whose address of residence is well known, as well as the address of the workplace, it is evident that the decision of the Ministry ordering the demolition objects - represents obvious legal violence, and reckless ignoring of relevant regulations, as well as exact and easily verifiable facts. Without engaging in further public controversy and discussion, and bearing in mind the obvious bad intention acting public law body, Milo Đukanović will use all available legal means in administrative proceedings and administrative disputes, and will also initiate criminal and civil proceedings, in order to protect his rights - said Ivović.
Source - "POJEDA"