Constitutional Court of the Republic of Serbia in ATP Vojvodina Case Made the Decision According to the Political Order .

I have filed a complaint to the Constitutional Court of the Republic of Serbia against the controversial judgment brought by the Supreme Court of Cassation Rev 58/2013 according to the political order and within a record time of 24 days. I have filed the complaint:

-because I demanded annulment of the judgment brought by the Supreme Court of Cassation Rev 58/2013 because it was brought against the law and without evidence

-because of violation of the right to equal legal protection before the courts

-because of violation of the right to fair trial

-because of violation of the right to equal legal protection of all forms of property 

As for the part of the constitutional complaint relating the judgment brought by the Supreme Court of Cassation, the Constitutional Court rejected it (they considered it),and as for my rights – rights of Ilija Dević guaranteed by the Constitution of the Republic of Serbia, the Court rejected it (they did not consider the complaint).

In their controversial judgment Rec 58/2013 which was not brought in accordance with the law, The Supreme Court of Cassation said that I, as the investor, had been provided with the conditions for having monopoly position, that the contract had been contrary to the compulsory regulations, laws, decisions made by the City, legal order or good customs.

An economic company cannot enter into a void contract with a state, having in mind the fact that the procedure is controlled by the institutions!

Let me remind you that, since 2005 till completion of the investment of ATP Vojvodina we had cooperation with the public companies of the City of Novi Sad, the Assembly of the City of Novi Sad, the Management of the City of Novi Sad and Ministry of Capital Investments relating preparation of the documents. All of them issued the documentation necessary for ATP Vojvodina Auto Centre investment (Service Centre and intercity Bus Station) and nobody ever pointed out to the statements given by Supreme Court of Cassation.

The Supreme Court of Cassation does not have the evidence for the abovementioned statements.

-         Monopoly can be proved by the Agency for Protection of Competition, and there is not such evidence in case of ATP Vojvodina.

-         According to the law, intercity bus stations in Serbia are managed by the economic companies and all the bus stations in Serbia are privately owned.

-         Prices of the bus station services are regulated by CCS (Chamber of Commerce of Serbia) so there are not elements of monopoly.

-         As for the investment ATP Vojvodina value of which is 30 million Euros and for which I was the warrantor with my mother company Mancoop and my personal property, the documents were issued by the Public City Companies (Town Planning, Institute for City Development etc.). I signed the contract with the City of Novi Sad and the contract was made by the City services which were taking care of the interest of the City of Novi Sad. Ministry of Capital Investments issued the working permit for the intercity Bus station in accordance with the laws and regulations of the Republic of Serbia.

-         The case of ATP Vojvodina has been considered during the last eight years by several higher courts of the Republic of Serbia (twice by the Commercial Court in Novi Sad, twice by the Commercial Court of Appeal in Belgrade, by the Higher Court in Novi Sad) and the courts have to take care about these matters ex officio.

As it is obvious from the given facts, the Supreme Court of Cassation has no evidence for the claims given in the judgment.

According to the recommendations given by the Anti-corruption Council, ATP Vojvodina is on the list of 24 compromised privatizations solving of which is demanded by the European Commission, as the only one in which the investor but not the state of Serbia is the one who suffers damage. From its foundation the Anti-corruption Agency has been following the case of ATP Vojvodina and their attitude is the same as the abovementioned one.

     On the very eve of bringing the judgment by the Supreme Court of Cassation, the Anti-corruption Agency addressed that time Deputy Prime Minister Aleksandar Vučić  http://www.ilijadevic.com/ostala-dokumenta/dopis-ppv.pdf, Minister of Justice Nikola Selaković http://www.ilijadevic.com/ostala-dokumenta/dopis-mp.pdf,
and, after bringing of the controversial judgment, the Agency addressed President of the Supreme Court of Cassation Dragomir Milojević  http://www.ilijadevic.com/ostala-dokumenta/ATP-Vrhovni-KS.pdf.

They have not got the answers so far!

It is impossible that I, Ilija Dević, had some illegal motives because I was 82% owner of ATP Vojvodina Company in which I invested my own money I had been earning for 35 years as a respected businessman in Serbia. Building of a new intercity bus station was something that the City of Novi Sad needed more than my company ATP Vojvodina needed, having in mind the fact that the current bus station in Novi Sad is still doing its business illegally because it is a temporary facility built on the Republic ground permits for which expired in 1977, without talking about the needs of the City of Novi Sad.

The City and the Republic institutions were involved in preparation of the documentation and designing of the contract between the City of Novi Sad and ATP Vojvodina on building a new intercity station and none of them pointed out to illegal motives. After the contract mismanagement, I filed many complaints and criminal charges against City and republic unscrupulous officials.

How is it possible that I, Ilija Dević, had some illegal motives!

The basic issue is that I, Ilija Dević, was taking care of my company’s interest, and the City has got its city services which should take care of the interests of the City.

An economic company cannot enter into a void contract with a state, having in mind the fact that the procedure is controlled by the institutions!

I have invested 30 million Euros belonging to my economic companies ATP Vojvodina and I have been deceived by the state of Serbia.

The Government of the Republic of Serbia even gives support in form of reimbursement per employee to some investors who come to invest their funds in Serbia, while in the case of ATP Vojvodina the administration mistake of the contractual obligations disregard made by the City of Novi Sad left 600 workers without jobs and I, Ilija Dević as a domestic investor, have been destroyed and robbed.

  THE CONSTITUTIONAL COURT OF SERBIA WAS NOT DEALING WITH THE ESSENCE OF THE JUDGMENT BROUGHT BY SCC (SUPREME COURT OF CASSATION) AND WAS NOT LOOKING FOR THE EVIDENCE. THE COURT SUPPORTED AND COPIED THE JUDGMENT BROUGHT BY SCC THUS IGNORING THE LAW. IT WAS EXPECTED THAT THE JUDGEMENT BROUGHT BY THE SUPREME CONSTITUTIONAL COURT WOULD RESULT IN A WHOLE RANGE OF INDICTMENTS.

THE CONSTITUTIONAL COURT HAD TO PROTECT MY CONSTITUTIONALLY GUARANTEED RIGHTS – RIGHT TO FAIR TRIAL, RIGHT TO PROPERTY, RIGHT ABOUT ECONOMIC COMPANIES AND RIGHT TO WORK. INSTEAD OF PROTECTING MY RIGHTS AND STAY ON THE SIDE OF JUSTICE AND LAW, THE CONSTITUTIONAL COURT STAYED ON THE SIDE OF MUTUAL PROTECTION OF THE POLICE, PROSECUTION, JUDICIARY AND POLITICIANS WHOSE GUILT IN CASE OF ATP VOJVODINA IS OBVIOUS.

SINCE I HAVE BEEN DEMANDING FOR MANY YEARS TO HAVE FAIR AND LEGAL TRIAL IN SERBIA, AS WELL AS PROVIDING OF ALL THE RIGHTS REGULATED BY THE EUROPEAN CONVENTION AND CONSTITUTION OF SERBIA, I AM NOW GOING TO DEMAND CONSIDERATION OF MY RIGHTS BY THE COURT OF HUMAN RIGHTS IN STRASBOURG FOR PROTECTION OF PROPERTY AND RIGHT TO EQUAL COURT PROTECTION. I AM SURE THAT THE CASE ATP VOJVODINA WILL COST SERBIA SEVERAL HUNDRED MILLION EUROS.

ARE THEN THE UNSCRUPULOUS POLICE OFFICERS, PROSECUTORS, JUDGES AND POLITICIANS GOING TO BE RESPONSIBLE FOR THAT!?

I HAVE INFORMED THE EUROPEAN INSTITUTIONS WHICH HAVE BEEN FOLLOWING THE CASE OF ATP VOJVODINA FOR MANY YEARS ABOUT ALL THESE MATTERS.

20 October, 2015 – Judgment of the Constitutional Court

ATP “Vojvodina“ looked like this

before being privatized

  

ATP“Vojvodina“ looks like this

after being privatized





 



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