Actaza against Nagip Krasniqi, 3.2m euros damage to KEK and tax evasion over 500 thousand euros

The Special Prosecutor of the Republic of Kosovo on Monday has filed charges against the former executive chief of the Kosovo Energy Corporation (KEK), Nagip Krasniqi for criminal work “The use of the official position or authority defined”.

Paparac has secured the indictment against Krasniqi, explaining all his actions that conflict with legal provisions.

KEK, led by Krasniqi, has signed framework contracts with businessmen who are not recognised license in Kosovo. Despite official reactions and paperwork from the ERE to ban the activity of electricity trading with licensed companies, KEK has continued to carry out activities contrary to legal obligations.

 

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In this case, the same is made available to rich profit as well as to avoid tax payments in the Republic of Kosovo and to the consequence of large-scale damage to Kosovo's budget, or worth 531.929 euros, damage or discrimination of other competitive economic operators operating in the Kosovo market, which were licensed and subject to tax obligations as causing damage to Kosovo's energy corporation at large or worth 3,229.05 euros.

As a result, Z The RRE has found that KEK has signed contracts with companies that are not licensed in Kosovo, however, does not recognise the license issued by relevant countries, according to the reciprocity principle.

In spite of that, KEK has voiced disagreement with ZERE arguments -- Nagip Krasniqi's personal position -- then chief chief chief in KEK.

Even from communications with the unlicensed subject “Holding Sloveneske Electrice”, Nagip Krasniqi had confirmed the continuation of the electricity trade. As a result, it has then confirmed and continued to trade electricity from KEK with this operator until the final suspension and suspension of the contract in May 2023, namely August 2023.

By ARBK on the 1905.23, it was confirmed that in the registry of the Kosovo Business Agency, it doesn't figure to have registered business “Holding Sloveneske Electric”.

Following KEK's decree date 07.08.23, it is proven that following the arrest of Nagip Krasniqi (for issues that do not concern this case), KEK had first announced “HSE” was suspending co-operation to announce later on the date 07.08.203 that they were breaking up the contract in the absence of a license issued by Z. RRE, announcing from the moment “HSE” proves possession of issued license or known by Z RRE, then KEK can initiate the process of signing a new contract with “HSE”

In addition, the indictment mentions that “from the recognition police report of 3107.23 proves that KEK had traded electricity with operator “HSE” exporting electricity to the same value as 37.012.072.52 euros, while importing it from 5.084.415.50 euros, along the 2020-2023x3>.

Nagip Krasniqi's Reason at Prosecutor's

Nagip Krasniqi in the defence given to the prosecutor by the date of 05.07.2024, the power trade of the company “HSE” had reasoned, saying KEK had traded with all companies that had been licensed in Kosovo and in states that had been members of the energy community, which under the Law on Electricity did not need relicension in Kosovo.

He had also said that KEK since 2018 had special contracts to trade electricity with HSE and other businessmen, and that HSE had made regular Kosovo market access to KOSST.

He mentioned three reasons why he was not taken for base. 1. Energy trade was done outside Kosovo's territory and for that trade Z. RHR had no compass, 2. Based on the law on electricity under 32 and 3, the expulsion of a operator affected the rising prices of purchase and lower prices in sales, which would harm the company's interest and more charge the government's subsidy fund.

Then, in terms of the legal office's opinion of ZERE's remarks for breaking trade with unlicensed operators and why it was not taken on the basis of their opinion, Krasniqi has said the main reasons were because the law on electricity allowed it. Second, in conversation with the power secretariat in Vienna, their verbal interpretation had been the law on electricity allowed it and that companies should not be stumbled by loose electricity trading.

For the ZER's recommendation, for interruption of trade with HSE, he has stated that the recommendation was not binding and that the recommendation had considered illegal and if the same damage were respected would be irreparable, and added that the HSE should not be treated as unlicensed company because the same was state company in Slovenia and Slovenia was a member of the energy community.

Prosecutor's assessment

Evidence has shown Krasniqi was aware that his actions conflict with legal provisions because Z. RRE, the KEK legal office and the processing group consisting of the KEK management had several times made it known, but the same had continued operations, however, the situation that proves even its desire for access to trade and compensation with contracts to the operator HSE.

“As a consequence of Nagip Krasniqi's actions to trade KEK electricity with the HSE subject while this subject was not registered and licensed in Kosovo, respectively, by Z. ♪ except that she couldn't ♪ The RRE as a regulatory and controlling organ to check the same if it adhered to the balance rules, the defendant enabled this rich-profit operator, avoiding the country's fiscal rules, where, in turn, he would have to declare and pay tax obligations filed by ATK in many of the 531.920.79 euros, enabled the most favourable conditions in the market in relation to other operators who were subject to the rules and laws of Kosovo and on the other side. KEK caused material damage worth 3,229,905.00 euros, due to the fine received by the ER just because of the failure to break trade with this operator”, it is said in the indictment.

Also, the prosecutor has proposed that against Nagip Krasniqi be pronounced additional sentences “halting the practice of profession, activity or duty” for considering that the same in the future could carry out similar criminal acts.