Master Kurgag holds charges against the Ministry of Justice over his decision to suspend him

Master Kurgag holds charges against the Ministry of Justice over his decision to suspend him

Master Irfan Krcag has filed charges against the Ministry of Justice, demanding that the May 19th 2023 decision, under which Krcag has been suspended by the exercise of the office of private owner. Through this indictment that has provided “The Justice Vow” from sources within the tribunal, the magistrate Krcag has demanded from the court [...]

Master Irfan Krcag has filed charges against the Ministry of Justice, demanding that the May 19th 2023 decision, under which Krcag has been suspended by the exercise of the office of private owner.

Through this indictment, which has provided “Justice Vow” from sources within the court, the magistrate has asked the court to approve his application and cancel the decision of the justice ministry indictee.

Also, the indictment has been attached to the request for postponement of the decision's execution, demanding that the proposal be approved to postpone the execution of the Justice Ministry's decision until the crucial judicial decision according to the indictment.

The plaintiff Krcag noted that with the same request, all three conditions set out with the Law on Administrative Conflicts had been met.

According to the indictment exercised on May 23, 2023, claims by disciplinary procedure initiators reportedly were that the founder, in terms of P.N.'s supplementary materials. 340/2022 to P.nr. 512/2022, has not respected a certain guide of the Supreme Court.

According to the indictment, the report's claims were groundless, since the Law for the Independence Procedure clearly stipulates that a private registrar can be taken into disciplinary responsibility only if by his actions he violates the law, fails to meet his prior obligations with acts of the Ode of the Masters, or violates the prestige of the profession.

In addition, according to the indictment it is said that the Ministry of Justice's disrepute power to suspend private owners in the context of the initial disciplinary procedures is determined in the Law for Independence Procedure, but that the exercise of this division cannot be arbitrary and unlimited.

According to the indictment, the reasoning of the controversial ruling simply envisions that the suspension is made in order for the disciplinary procedure to be carried out unhindered, but in concrete cases, according to the plaintiff's prosecution has caused major consequences for it personally, but also for the creditors and debtors it had in progress.

It is also said that there is no basis or fact that supports the claim that the Master Shkchag could in some way prevent the disciplinary procedure initiated against him, which could result from his function as a master.

Meanwhile, Justice Minister Albulen Haxhiu is also said to have published in her official account on Facebook) the announcement of the decision made to suspend the plaintiff where and according to the plaintiffs, the minister had hinted that the decision was deeply coloured and biased.

Controversially, the verdict should be annulled because it lacks the mandatory elements that each administrative act should have and that the same fails to explain how the outcome's suspension would be proportional and reasonable to prevent the prevention of the procedure.

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