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Constitutional Court judge violated the law

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Constitutional Court Judge Breached Legal Regulations

ASK: Resulbegović breached regulations, Photo: Parliament of Montenegro

The judge of the Constitutional Court, Faruk Resulbegović, has violated the Law on the Prevention of Corruption on multiple counts. He failed to declare the purchase of real estate in Ulcinj for which he paid over 10,000 euros, an income of 6,246 euros, and a “Beretta” brand firearm in a special report.

This information is outlined in the ruling published on the website of the Agency for the Prevention of Corruption (ASK).

The Agency initiated action due to inaccurate and incomplete information in the annual asset declaration for 2023, and also because Resulbegović did not submit a special report concerning the increase in assets amounting to 10,000 euros, despite being required to do so within 30 days of the change.

“According to Article 37 of the Law on the Prevention of Corruption, public official Faruk Resulbegović contends that a misdemeanor proceeding was initiated against him on the same grounds, asserting that a decision should be made to halt the proceedings in this matter, as its outcome hinges on the prior issue—the misdemeanor proceeding. Regarding the real estate in question, he claims to have reported it in his income and asset report for 2018,” the ruling notes.

The agency confirms that it has reviewed its own records alongside data from various state databases, including the Real Estate Administration – Ulcinj branch, the Tax Administration, and the Ministry of Internal Affairs (MUP).

A decision from the Real Estate Administration in November 2018 established that Resulbegović was permitted to register a property based on the cadastral record and the sales contract, which was identified as a business space measuring 66 square meters.

The agency’s review of its data revealed that Resulbegović never filed an extraordinary asset declaration, which he was mandated to submit under the Law on the Prevention of Corruption.

“After reviewing the income and assets report for 2023 and comparing it with the Tax Administration records, it was revealed that Resulbegović, along with his spouse, earned 25,445 euros from rentals, while reporting only 19,200 euros in income, creating a discrepancy of 6,246 euros. Additionally, upon examining the income and assets report for 2023 and cross-referencing with the Ministry of Interior database, it was found that Resulbegović did not declare a “Beretta” firearm…” states the ruling signed by the acting director of the Agency, Dušan Drakić.

It is emphasized that although the Agency considered the public official’s explanation, Resulbegović’s justification did not affect the decision-making process because administrative and misdemeanor proceedings are distinct and separate processes.

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