DPM Koprivica files criminal complaint against former Prime Minister Đukanović with the Special State Prosecutor's Office

Deputy Prime Minister for Political System, Judiciary, and Anti-Corruption Momo Koprivica filed a criminal complaint today with the Special State Prosecutor's Office against former Prime Minister of Montenegro Milo Đukanović on the grounds of reasonable suspicion that he committed the criminal offense of abuse of official position under Article 416 of the Criminal Code of Montenegro in connection with the small hydropower plant "Bistrica" case. 

By enabling his son to conclude a concession agreement with the Government he headed, the former Prime Minister severely violated Article 14 of the Law on Prevention of Corruption. This article stipulates, among other things: "The authority in which the public official exercises public function shall not conclude a contract with the company or other legal person in which the public official and a person related to him/her have a private interest." From this provision, it is indisputably clear that the Government of Montenegro, as the executive authority led by former Prime Minister Milo Đukanović, could not have legally concluded the disputed concession contract with the company "BB Hidro" from Podgorica, where his direct relative had a private interest. A lawful interpretation of this legal provision clearly shows that the former Prime Minister, fully aware of his actions, willfully and intentionally acted against the provisions of the Law on Prevention of Corruption regarding restrictions on holding public office and thus abused his official position against the general public interest. 

To understand the illegality of this matter, it is also important to consider the civil-law aspect of the concession contract concluded between the Government of Montenegro as the Concedent and "BB Hidro" as the Concessionaire. Given the relationship between the then Prime Minister and his son, who was both a co-founder and executive director of the company that signed the contract, the contract violates Article 14, Paragraph 4 of the Law on Prevention of Corruption, which states: " If a public official or authority acts contrary to paragraphs 1, 2 and 3 of this Article, the concluded contract shall be subject to the provisions of the Law on Contracts and Torts relating to the nullity of contracts." The contractual relationship resulting from such an agreement is, under the provisions of the Law on Contracts and Torts, absolutely null and void and cannot produce any legal consequences.   

Firstly, Article 101 of the Law on Contracts and Torts states: "A contract contrary to mandatory legislation or morals of the society shall be null and void unless the purpose of the rule violated refers to another sanction, or unless the law provides for something else in the specific case." By linking this provision with the previously mentioned articles of the Law on Prevention of Corruption, it is undoubtedly clear that the concession contract in question is contrary to mandatory legislation —specifically, Article 14 of the Law on Prevention of Corruption—because the Government of Montenegro, led by then-Prime Minister Milo Đukanović, was not legally permitted to conclude a contract with a company co-owned by his son, who had a direct legal interest in signing such a contract. 

The conclusion of the disputed concession contract for the construction of the small hydropower plant Bistrica was legally prohibited not just for one party but for both, meaning that the contract cannot remain legally valid. 

The principle of legality is one of the fundamental aspects of the rule of law, and the most severe sanction for violating this principle is nullity. In this case, nullity is explicitly prescribed as a sanction. It follows that the actions of the former Prime Minister, who was in a blatant conflict of interest while leading the Government, resulted in a violation of explicit and imperative legal norms with the intent of gaining personal benefit for himself and his close relative. The contract in question is, under the existing legal framework, deemed contrary to mandatory legal provisions and societal morals. 

Deputy Prime Minister Momo Koprivica has also submitted an initiative to the State Prosecutor's Office to determine the nullity of the contract, in accordance with Article 107, Paragraph 2 of the Law on Contracts and Torts. Furthermore, he has submitted a request to the Protector of Property and Legal Interests of Montenegro to initiate proceedings for the annulment of the contract. Lastly, concerning the small hydropower plant "Bistrica" case, he has submitted an initiative to the Agency for the Prevention of Corruption to launch proceedings to determine violations of the Law on Prevention of Corruption regarding restrictions on holding public office.   

All these procedural initiatives have been submitted based on a comprehensive analysis and supported by concrete evidence presented to the relevant authorities. The goal is to protect the public interest and cleanse the legal system of corrupt practices that have resulted in significant benefits for privileged individuals.