Lawyer reveals the shortcomings of the Law for the Bureau for Confiscating Riches

Lawyer reveals the shortcomings of the Law for the Bureau for Confiscating Riches

The lawyer, Anton Noecaj of the Clark Institute, has said the law for the State Bureau for Verification and Confiscating of Unjustified Riches has some shortcomings. Noecaj has said how the institute has had numerous remarks about how it was drafted and how this bureau is supposed to function. “The moment the proposal was made [...]

Noecaj has said how the institute has had numerous remarks about how it was drafted and how this bureau is supposed to function.

When such a bill was proposed, we have had numerous remarks, not for reason, the argument that such a law is not necessary, but for argument-how it is designed and how this bureau is supposed to operate”, he said in Tv1.

As for the confirmation that an official has acquired unwarranted wealth, Noecaj says that under this law, the element of equality in the process is lost.

“As far as the role of the Prosecutor, which an official has acquired or made unwarranted wealth, it is perceived as a criminal act. On the other hand, under this law the element of equality in the process is also lost. Because if wealth is justified and finally proven otherwise, then the aspect of compensation for the damage caused by the state because it has blocked a citizen's property, who is the institution that must compensate for the damage caused by wealth that has been confiscated and ultimately resulted in a wealth that has been legally created”, he has declared.

In addition, Noecaj has counted another flaw in this law, which according to him is the period of investigation, as he predicts to investigate those citizens who have gained wealth only after 2008.

The other key flaw is that this law examines all those citizens who are considered to have created wealth by 2008, i.e. from the date of Kosovo's declaration of independence from now on. We all know that the privatisation process, when corruption has increased and developed, has been ahead of the declaration of independence, during the period the provisional institutions have been in co-operation with UNMIK”, the lawyer has declared.

He has said the subject of the investigation other than officials could be their family members.

Meanwhile, in terms of this law, the Democratic Party of Kosovo has sent it to the Constitutional Court with the claim that the law is not in harmony with the Constitution. While Justice Minister Albulen Haxhiu has also reacted to this, he has described it as trying to procrastinate reforms.

With this. law It is designed to regulate the way and procedure of verifying and confiscating property acquired unwarrantedly, as well as the establishment, organisation and competencies of the State Bureau for Verification and Confiscating of Inexcusable Riches.

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