Bajraktari: Plan, program and reserve location are classified, not procedures

Renowned lawyer Ardian Bajraktari on July 30th of this year when the issue of state reserves was being covered in the media had clarified the legal basis for classified information concerning state reserves. According to him, the Strategic Plan, the annual programme, as well as the location of state reserves, is considered state secret, but not procedures for [...]
According to Bajraktar, supply procedures are open and transparent to the public.
These are transparent and the public can and should know how many tools were bought, how many tools were spent and spent according to the rules. This does not make a secret, nor should it have subx1> reserved” about the state reserve supply mode.”, he wrote.
“As for the issue of supply and procedures, they are open and put forward to Article 20, which, among other things, points out: “Blerance of any article on state reserves of goods should be specifically introduced in the corresponding annual law on budgetary divisions. In addition, any procurement activity for the purchase of items should be done through open procurement procedures, defined in the Public Procurement Law”, Bajraktari quoted.
According to Bajraktar, the audience is responsible for controlling the use and protection of public funds from central and local government bodies.
“Which information are “rezerod” about state reserves?
Reference to Law No. 03 L-244, for the State Reserves of Goods, Article 9, points out: The Strategic Plan, the annual programme, as well as the location of state reserves of goods, is considered state secret.
So these three informations are classified and for these (unauthorized persons) they cannot and should not have access.
What about supply procedures?
As for the issue of supply and procedures, they are open and put forward at Article 20, which, among other things, points out: “Blery of any article on state goods reserves should be presented specifically in the annual law on budgetary allocations. In addition, any procurement activity for the purchase of articles should be done through open procurement procedures defined in the Public Procurement Law”.
These are transparent and the public can and should know how they were bought, how many tools are spent and whether they are spent according to the rules.
This doesn't make a secret, nor should it have preset “information” regarding the state reserve supply mode.
Who acts to ascertain how public funds are spent, our money?
The general audience of the Republic of Kosovo is responsible and authorised with the Constitution for controlling the economic activities of public institutions and other state legal persons. Also, the audience is responsible for controlling the use and protection of public funds from central and local government bodies.
This independent constitutional mechanism has the right to make audits at all times, which guarantees Article 18, paragraph 5 of Law No. 05L-055, for the Auditor General and the National Auditor's Office of the Republic of Kosovo, which, among other things, points out: “National Audition Office has the right at any time to carry out other audits different from the auditing of regulation in institutions mentioned in paragraph 3 and 4, and funds provided by the budget for an institution or organisation, including all budget organisations which have directly accepted a budget through the annual Law of the body of the<1).
Initial audit activities should be published on the official site of this institution.
Public money spending rules are defined in the financial rule No. For spending public money, which stems from the Law on Public Finance Management and Responsibilities, Article 22 to 26 of this regulation, among other things determine that the acceptance of assets/works must be made first, then payment should be made.
So in any case when it is done otherwise (so when payments are made before accepting property/employments) it is a violation of the rules, there is, in turn, a violation of the law.
The news that the prosecution started work on state reserves is good news, but even a special audit would help this process, therefore addressing eventual responsibility, whether for action or non-action”, The lawyer said.












