How did the two feet “violate the law” Albin Kurti when he allowed state reserves to be contracted by “Ridi”

After the arrest, until Prime Minister Albin Kurti was rightly expected to encourage the Prosecutor for a physical investigation into the scandal, Kurti chose that through a video education to attack the entire justice system, even the media, in the harshest way. He gave unreserved support to those arrested and to Minister Roseta Hajdari.

But why the prime minister's anger towards prosecutors, media judges who published this scandal?

It appears that Kosovo Prime Minister Albin Kurti is aware that he has violated the “law with both legs” in terms of the process of acquiring state reserves.

The ministerial cabinet, dated 2602.2022, has made a decision to evade legal procedures for the purchase of state reserves. So it's been opened to MINT to buy products just by negotiating with parties, and not by putting it under the Public Procurement Law, which envisions buying to be transparent and in an open race, but that then the deposit and the deposit site would be treated as a secret.

“Applied request from the Department of State Reserves ] The Ministry of Enterprise and Trade Industry to enable exemption from procurement procedures for supply of state goods reserves, classifying contract matter as a secret under Law No. 03 L-244 FOR state goods reserves, and Rule No, 03 /19 for Procurement of Protection and Security”, it is decidently said in the decision of last month's Kurt government, where even goods were bought more negotiation.

Periscope did an analysis of the Law and Order in which Kurti was called when he decided to do legal evasion.

...“can be excluded from procurement procedures for supply of state goods reserves, classifying contract content as a secret, based on Law No. 03 L-244 FOR the State Reserves of Goods”.

So, nowhere in the law is it specified that buying goods is a secret, and that buying can not be done with negotiation.

Law No. 03L-244 speaks to the state reserves of goods, at Article 19, of legal procedures on how the supply of goods should be made, which is specifically called “Goods supply procedures”. This article says the Department of State Stocks of goods through public procurement procedures makes supplies of goods that are envisioned with a year-old programme.

Then Article 20 defines more clearly how buying should be done with open and not negotiated procedures.

The default of any article on state goods reserves under this law should be specifically envisioned in the relevant annual law on budgetary allocations. In addition, any procurement activity for the purchase of these items must be made through open procurement procedures defined in the Public Procurement Law. If the procurement contract is of great value, the announcement of the contract is published in accordance with the Public Procurement Law, and in the English language of a prestigious international newspaper or magazine”, it is expressed in Article 20 of this law, which is evidently related to the purchase, sale, and borrowing of state reserves of goods.

....“The State Reserve Department requests are approved by the Ministry of Enterprises and Trade Industry to enable exemption from procurement procedures for supply of state goods reserves, classifying contract matter as a secret, based and  Ruler No, 03 /19 for Protection and Security Procurement”...

So, the prime minister has also been called into this regulation when he's been evading, regulations that have nothing to do with state reserves.

This regulation does not break down the 03/03 Law L-244 for state goods reserves, and it has nothing to do with the procurements this law deals with.

The regulation has to do with avoiding procurement procedures, operating secret procedures for the purchase of weapons and other security equipment.

It is definitely called <x1 root> (QRK) NR. 03,2019 for procurement of defence and security purposes”

What is the purpose of this regulation?

This regulation aims to define rules, conditions and procurement procedures for defence and security purposes, supplies, services and jobs that are excluded from the relevant Law for Public Procurement of the Republic of Kosovo”.

So, as the regulation is seen, it specifys how the purpose is to have services and jobs, which are excluded from the relevant Law for Public Procuration of the Republic of Kosovo. While, as noted above, buying products for September reserves is not excluded from the LPP, but is within it.

At least Article 4 speaks for “Procurations for defence and security purposes”

“1. Procurement rules for defence and security purposes defined by this regulation will be implemented for procurements as follows:

1.1. Supply military equipment, including every part and/or component of it;

1.2. Supply sensitive equipment, including every part and/or component of it;

1.3. The jobs, supplies, and services connected directly to the devices referred to in the paragraphs 1.1 and 1, paragraph 1 of this article for each and all the elements of his life;

1.4. Works and services for specific military purposes; and

1.5. Jobs and sensitive services”.

So it's obvious that the regulation is about institutions that are legally regulated avoidance from procurement procedures, such as: KSF, or AKI.

Article 5 of this regulation even envisions competition for purchase or services, as well as why procedures would be led by negotiation. So the offer is sent to several operators and thus avoid any treatment that favors a certain company or potential companies. Even the selection commission would have to be made up of professional members, even procurement experts, and none in the MTI case.

Such an action on the part of the ministry to buy goods with designated companies has been able to be realised by sending the Law on State Reserves to the Assembly for a change, as parliament gives the final seal to all laws.

The actions and inactions of the three suspects arrested on August 18th have been described in detail in the Prosecution File.

According to the prosecution's file, the supply of 10 thousand tonnes at 4,834,778 euros has reportedly been envisioned; 200 thousand liters of oil; and 120 thousand kilograms of sugar -- at the price of 276 thousand euros -- the total amount paid in advance. However, the prosecution has suggested that Kosovo's budget has been damaged over 600 thousand euros despite the fact that payments have been realised, MINT as the contractor authority has accepted only 9,947.5 tons of wheat - 52.5 tons less than the amount contracted, while oil and sugar have not been brought in at all.

The prosecution's file for Ridvan Muharremin says both the one in the period from February 2022 and, in turn, with the intention of creating conditions and the possibility of implementing incriminating actions for defendants Irfan Lipovica and Hafiz Gara (Unitable MINT) helped them, creating conditions, proposed and initially ensuring negotiations with state reserves. The prosecution said in the file that they were nominated O.E. “Youfet Turizm Insaat Sanayi ve Ticaret Anonyt Anonymous” headquartered in Turkey's Bursa for wheat supply and “Xanto SP” Mr. O. I headquartered in Gdynia, Poland for supply of sunflower and sugar oil, and then through free of authorization into the negotiation process between defendants Irfan Lipovica and Hafiz Gara with O.E. has played a key role in negotiating contract conditions. “Where the result is contracting... for supply with state reserves between the Ministry of Industry, Intervention and Trade (MINT) and O.E. “Yfe Thurizm Insaat Sanayi ve Ticaret Anonyt Anonyton” for wheat purchase, amounting to 10,000 tons, and price of 4,834.78 Euro, with which defendant Ridvan Muharemi's company, has already had contractual and business reports and contract number 1548-02 of the 1703.2022 with O.E. “Xanto SP ZO.O. I forage of sunflower and sugar oil, 200 thousand liters of oil, and 120 thousand pounds. Sugar, at the price of 276 thousand euros, the total amount paid in advance, but despite the fact that the payments have been realised, the contractor authority has accepted only 9,947.5 tonnes of wheat, so 52.5 tons less than the amount contracted, while oil and sugar have not been brought in at all....”, says the file published by the media in Pristina. /Periscopi/