Russians Looking for EUR 20 Million Compensation, Say They Were "Deceived by State"

By , 24 Oct 2018, 16:17 PM Business
Planned layout of never built tourist complex: Animation Planned layout of never built tourist complex: Animation MONTENEGROREGION

Share this:

October 24, 2018 - The company “Montenegroregion” of the three Russian citizens has sued the state and the Municipality of Kotor and will seek around 20 million euros in damages, how much the value of the dispute is estimated, as they are allegedly not able to build the tourist resort in Morinj for 12 years.

The Russians initiated proceedings before the Commercial Court, and CEO Aleksandr Shaporev claims that they were deceived by government officials and mostly by the director of the Directorate for Cultural Heritage, Aleksandar Dajkovic, because of whom they had additional costs.

"Everything stopped in the Department for the Protection of Cultural Monuments, and Alexander Dajkovic has misled us," Shaporev told "Vijesti".

3.jpg 

Serious investors have been deceived: Shapoev PHOTO: Montenegroregion

He explained that Dajkovic had suggested to carry out additional so-called HIA studies under UNESCO guidelines, which at that time would not have been provided for by the applicable regulations. Instead of Dajković's response to the Russian charges, from the cabinet of Minister of Culture Aleksandar Bogdanovic, "Vijesti" received comment that "Montenegroregion" was not a damaged party, especially given the fact that at the time of acquiring ownership of the parcels within DUP 'Morinj' there were planned green areas, therefore no building of any form ". 

"In spite of the best intention of the Ministry of Culture and the Department for the Protection of Cultural Property, after considering all the documentation and positive legal regulations, and taking into account UNESCO's requirements for strict construction control in this area, it was stated that at this time there are no conditions for amending the planning document in order to replace the green areas, as foreseen by the valid planning document, into the construction land as it was the investor's request."

Mayor of Kotor Vladimir Jokić assessed that the Municipality is not responsible according to the prosecutor and expects that the court will dismiss the claim as unfounded.

"Montenegroregion” filed a lawsuit against the state and the Municipality of Kotor, considering that the damage was caused due to the illegal work of the Ministry of Culture and the Cultural Heritage Management Board, not stating in the lawsuit what illegal activities carried out by the Municipality of Kotor could cause real damage to the investor as well as the material damage in the form of lost profits".

Shaporev, however, claims that, with the purchase of 7,821 square meters of land by private owners in 2006, "representatives of urbanism in the Municipality of Kotor showed sketches and said that there are some old foundations on this plot that can be used for construction without any problems." 

The government in Kotor at that time was controlled by DPS, which is today in the opposition. Investors say that after the adoption of DUP for that location, in 2009, they saw the green areas drawn on their plot. Wannabe builders of a tourist resort claim that today they have problems with buyers of the real estates from their country, which were sold as per the attractive plan. 

"When we saw the green surface, we began to be interested in how to change the purpose of the plot in order to realize the construction of the settlement. State representatives advised us to initiate the modification of DUP Morinj at our expense, which we did, and then to make the Study of Visual Influence on the Protected Natural and Cultural Historic Area of Kotor," Shaporev said. 

On July 8th in 2016, a meeting with Dajkovic and director of the Management Board for Cultural Heritage Protection Anastasija Miranovic was held on the intervention of former Culture Minister Pavle Goranović, where, as the Russians argue, it was announced that the HIA study should be made under UNESCO guidelines to obtain the conditions for a positive opinion on the proposed amendment of DUP "Morinj". 

Shaporev claims to have made an additional study on "insisting by Dajković" and that they were deceived, as it turned out that this additional cost of $7,140 was in vain. The HIA study, as claimed in the Russian lawsuit, was submitted to the Ministry of Culture on February 27th in 2017. Concerning the investor's statement that after the meeting it was suggested they make the HIA study for the architectural-urbanistic solution "Morinj Tourist Complex", the Ministry of Culture notes that "it has prepared an Action Plan for the implementation of decisions related to Kotor area, adopted in Istanbul in July 2016 by the UNESCO Committee which was adopted by the Government, at a session held on the 2nd of February 2017."

"The assessment of the impact on the world heritage (HIA) for the Morinj site, until the adoption of the Action Plan by the Government, was not made by the investor. The document "Assessing the Impact of Heritage for the Natural and Cultural-Historic Area of Kotor", which was discussed and adopted by the Government at its session on the 10th of November 2017, was prepared by a professional team formed by the Faculty of Architecture of the University of CG, co-ordinated and financed by the Ministry of Culture. The assessment gave recommendations for the Morinj site, which is recognized as a site that needs to be further protected.


Jokic: We will not jeopardize the status of Kotor on the UNESCO list

Jokić states that from the original draft of the amendments in 2014, DUP "Morinj" in the previous period "suffered changes that were conditioned by the fulfillment of legal requirements regarding environmental protection and sustainable development".

4.jpg 

Vladimir Jokić PHOTO: Zoran Đurić

"What is certain is that there will be no changes to the DUP in the mandate of this executive authority in the Municipality of Kotor, while not achieving all the conditions foreseen in the domain of the protection of cultural heritage and achieving full sustainable development at the site in question. The municipality is fully dedicated to the preservation of Kotor on the UNESCO list and the preservation of the unique universal value of this area, so it will not undertake any steps that can endanger this status. " He assessed that the public was aware of the delicate situations in which the local government has found itself with the projects that were somewhat based on legal norms and planning documents issued by the previous administration, such as the one in Kostanjica.

"This endangers our space and status in UNESCO. Projects threatening to destroy the unique universe value of this area have a dam in the local government, in the maximum power of the same... It is clear that the possible verbal promises of irresponsible former administrators towards the interested investors, at the expense of the general interest and the protected area, are not binding".

They built villas in Danilovgrad, they have houses in Dobrota and Žabljak

The Montenegroregion company was founded in 2006 in Danilovgrad, and according to the Central Registry, its owners are Sergei Konovalyuk, Aleksandr Kondratenko and Aleksandar Miazin with about 33.3 percent of the shares.

Shaporev says they are a "serious investor" who built five villas in the Danilovgrad Municipality.

"One of them has a house in Dobrota, the other one in Žabljak."

Text by Milorad Milosevic, on October 22nd 2018, read more at Vijesti

Remax Property of the Week

Property of the week.png

Editorial

Interview of the week

Photo of the Week

Photo galleries and videos