He went to the first reading what the law for the seizure of the property with which power is being paid.

He went to the first reading what the law for the seizure of the property with which power is being paid.

Vetevendosje, in the third governing mandate, is again pushing a mechanism for confiscating the property of public officials who cannot reason on creating wealth. While twice the Constitutional Court had abolished this initiative, Vetevendosje is again using all mechanisms to sustain it. From critics this more [...]

The State Bureau for Verification and Confisciency Confisciency Bill has gone to first reading in Government and the Parliamentary Commission for Legissation with 7 votes per and 2 against aiming to create a new legal mechanism for controlling official and related persons' property, placing emphasis on the civil seizure of property that cannot be justified.

The law envisions verification and seizure being applied to property created after February 17th 2008, when independence has been declared, including not only official persons, but also the third parties to which property may have been carried.

1. This law applies to property acquired unwarrantedly, whether direct or indirect by officials and third parties; 2.This law applies to unwarranted property acquired by the official person along the exercise of his function whenever on February 17, 2008; 3.This law also applies to the unwarranted wealth acquired by the official person even after the end of his exercise of office, including the period of up to five (5), years from the time the official person stopped exercising his function”.

4. Initiation of the process of verifying property that unwarranted according to paragraphs 2 and 3 of this article may occur during the time that the official person is exercising office or late until ten (10) years from the moment the official person stops exercising his function”, the Bill says.

The procedure can begin both while an official is in office and up to 10 years after the completion of the post.

“initiation of the property verification procedure that inexcusable according to paragraphs 2 and 3 of this article can take place during the time that the official person is exercising office or late to ten (10) years from the moment the official person stops exercising his post”, the draft says further.

According to the bill that has provided Periscope, the State Bureau is envisioned to function as an independent institution with broad competencies for collecting and analyzing financial data.

It will be organised in several key departments, including the legal one, risk analysis, forensic verification and accounting, as well as overall finances and services.

In practice, the Bureau will have the right to request information from a wide range of institutions, such as the Tax Administration, Customs, Central Bank, cadastre, swimmers and finishers, as well as from international institutions when necessary.

3. The following institutions involving but without limit: The Agency for Prevention of Corruption, Kosovo Tax Administration, Kosovo Customs, Kosovo Central Bank, Financial Intelligence Unit, Noters and Private Masters, under the request from the Bureau actively duty to provide requested information” without delay, says Article chapter 19 points of initiative.

The process begins on the basis of creditable information showing disagreement between income and property. After that, there is a filtering of cases where the priority is given to those with the biggest financial differences.

During the verification, the Bureau analyzes detailed data that include the value of wealth, its source, family spending, bank transactions, and even travel abroad. Institutions are obliged to co-operate and provide data within 30 days, on the contrary, the Bureau may require binding order from the tribunal and its failure to comply constitute criminal violations.

If wealth is found to be not justified during verification, the Bureau addresses the court with proposals for seizure. A lower test standard is used here than in criminal procedures, known as “the assessment of probability”, where the court decides whether it is more likely that wealth is unwarrantable than legal.

The final decision is made by the Constitutional Court in Pristina, the civil seizure division, respectively, and the property is confiscated with the decision of the cut form. In cases where the alleged property is no longer found, the law allows the seizure of another asset of equal value.

An important element of the bill is the manner of selection and mandate of the Director General, considered the key figure of the Bureau. It is elected to a 7-year term without a re-election right.

Candidates must have at least eight years of professional experience, of which 5 are in managerial positions, and should not have exercised political functions in the last six years. The selection process includes an assessment by the Supervisor Commission, while the final election is made in the Parliament by a secret vote.

The Bureau's oversight is realised by a five-member commission, including leaders of key institutions such as the Agency for Prevention of Corruption and Financial Intelligence. This commission has a role in adopting sublaw acts and assessing the director's performance, but is not allowed to intervene in concrete cases that are under way of verification to preserve the Bureau's operational independence.

The bill also establishes emphasis on transparency and data protection. The Bureau is obliged to publish judicial decisions and statistics on seizures, while personal data is handled according to legislation in force, even though the institution has the right to seek access to confidential information when they are necessary for investigation.

In all, the bill aims to create a parallel system with that criminal for dealing with suspicious property, shifting the focus from punishing the individual to confiscating property.

The Constitutional Court of 09.01.2026 had overturned the Law for the Bureau for verification and confiscation of unwarranted property, arguing that the Kosovo Assembly had committed violations.

While, the Assembly of Kosovo has adopted in principle the Bill for the State Bureau for Verification and Confiscating of Inexcusable Riches.

With 81 votes for, none against and 25 abstentions, the bill passed the first obstacle following a long debate between the position and opposition. /Periscope

In principle, draft law on state bureau for property seizures is adopted

 

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