The law of unwarranted wealth can also investigate citizens' wealth

The law of unwarranted wealth can also investigate citizens' wealth

The property of state officials will be investigated, as the executives have already reached concept-document for the Law on Confiscating Unjustible Wealth. But besides those who have worked and worked in state institutions, there is no exception to the possibility that by this law the wealth of citizens who do not have an official position be investigated. From the Ministry of Justice [...]

The property of state officials will be investigated, as the executives have already reached concept-document for the Law on Confiscating Unjustible Wealth. But besides those who have worked and worked in state institutions, there is no exception to the possibility that by this law the wealth of citizens who do not have an official position be investigated.

From the Justice Ministry, they say they are followers of it to create a special agency that would launch investigations against illegal property, which is not in accordance with legal revenues.

Deputy Justice Minister Blerim Sa God for KosovaPress has stated that by this law, the burden of proof falls on the suspect who must reason on wealth, on the contrary he says that property with the court's decree will be declared illegal and confiscated.

“Piege of the investigation is the property, that is, originally the property of state officials or official persons who enter all categories of civil servants, appointed and elected. However, it is not ruled out that during further discussions and phases, other categories will be introduced or useful to all citizens of Kosovo. And in this concept the document as determined in certain states is the foundation of one Independent agencies where we are followers or supporters of such an agency even in Kosovo. This agency will usually deal with the investigation of unwarranted property into some kind of disrepute in legal revenues and wealth acquired in an unwarranted way under any circumstances that are not in accordance with the law. So on the basis of that, this agency will formulate certain requests, then those requests will be submitted to the court on the basis of these requests, the court will first freeze the property of those investigated persons. The burden of evidence is transferred to the suspect, where the suspect must certainly prove that wealth is legal. If that doesn't happen, the court will issue justice with the special law and consider property unjustified and illegal and that wealth will be returned to the state budget”, Sa God stressed.

And at the rate of non-creating the special agency that will handle these cases, Sacha says that such investigative work can be done by the State Attorney.

The deputy minister of justice shows that it is not the purpose of this law to take revenge on anyone but only an opportunity for the taxes of the citizens who have been illegally charged to return to the citizen.

“Password Confiscating Law Unjustifiablely, it shortens the time of sequencing and seizure of property. So there is no need for the person assigned to be punished. This law follows only illegal wealth, nothing else, that wealth is first confiscated and then opened another way for the prosecution to initiate criminal proceedings against that person. This is a kind of distinction that originally in the Law on Competence Selected to be first punished, then begin confiscating. There's no need to be punished, here's the subject of the investigation, on the basis of that, the agency will work and the law will be implemented effectively and quickly...08/08. This law will not be seen in any form as revenge against certain persons, this law is for the benefit of all, general interest, for the sake of justice, for the good of the rule of law”, Sacha said.

And civil society organizations have welcomed such a law, even finding it necessary.

Rhesa Hoxha from the Group for Jury and Political Studies says that in the current phase of this law it is extremely important to specify the way of documentation or means of testing for the property that is opposed.

For the idea of creating a special agency that would deal with property investigation, Hoxha says the State Prosecutor can do this better.

There are two issues that need to be discussed more about concept-document that can be realised in the first bill is the equality of the law in whether to submit to this law only the official persons and their family or to submit to this law other persons. How to define the means of testing means how to approve that the property opposed is the person who's a party to the procedure. In this respect we appreciate that each document or way of document ownership that needs to be taken based on this procedure ...initially, it would be more preferable for such a thing to be initiated only by the state prosecutor, since the same one has professional preparation to carry out the necessary preparation for proving such a case”, she said.

Although supporting the idea of putting the burden of evidence on the shoulders of the suspect, Rzezeze Hoxha of GLPS, says that at the moment the method of record of wealth is adjusted, this law can affect any other person not only those who are part of public institutions.

We think that corruption is not expressed only in institutions as much as institutions have been prone to corruption for years, I think this is related to the aspect of documents or the way we prove wealth, in this respect if we manage to fix this procedure I believe it would not be problematic to involve other people besides official”, she said.

Erblin Hoxha, project coordinator in FOL considers this law necessary. He says that this government, Kurti II, has the will to move forward towards the creation of such a law.

This is just a document concept that means there are some long procedures in the process before it is implemented and becomes law. But we consider it necessary more than necessary for such a law to pass as long as it is applicable remains to be seen to the technical content of the law ... The will of the current government is that this law will continue and we expect such a law will occur. Time prospects are the main issue that we see as the necessity of this law... Now is the time that this government has this will and especially with those electoral promises and their history shows that this is a government that will not go without the adoption of such law“, Hoxha stressed.

During this week the Ministry of Justice, the concept of the Law on Confiscating Unwarranted Wealth has sent it to the Government of Kosovo, where it later opens the way for drafting away this law.

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