The criminal complaint was forwarded to the State Department, where we received it from
During the translation, certain parts of the text and the criminal report were adapted to the continental law and the criminal law of Bosnia and Herzegovina
07/09/2024. year
Applicant: Known to the production, born on XXXX, living in XXXX
REPUBLIC PUBLIC PROSECUTOR’S OFFICE OF THE REPUBLIC OF SRPSKA
Special department for combating corruption, organized and
the most serious forms of economic crime
Ban Dr. Todor Lazarevic no. 15
78000 Banja Luka
Based on Article 222 of the Law on Criminal Procedure of the Republic of Srpska, I submit the following
CRIMINAL PROCEEDINGS
Against:
1. NEBOJSA MATIC, son of Milorad from Bijeljina, ul. XXXX, JMBG XXXX,
2. STEVO FILIPOVIC, son of Zivan, XXXX, 76300 Bijeljina
3. ZIVAN FILIPOVC, son of Steve, XXXX, 76300 Bijeljina
4. MISO PARTALO, son of Nedeljko, ul. XXXX, Banja Luka (address of employer – Cabinet of the President of the Republic of Srpska, Head of Security of the President of the Republic of Srpska, Mr. Milorad Dodik),
5. “EF GROUP” d.o.o. Bijeljina, Ul. XXXX, represented by director Steva Filipovic, and founders Stevo Filipovic and Partalo Miso,
6. Other NN persons
Because they are:
According to the previous agreement, as an organized criminal group, and all with the aim of obtaining illegal property benefits, namely the first suspect, Nebojsa Matic, as a bankruptcy trustee in “SAVA” Prehrambena industrija a.d. Bijeljina-in bankruptcy, the second suspect Stevo Filipovic as co-owner and legal representative of “SAVA Semberija” DOO Bijeljina and the organizer of the criminal group, the third suspect Živan Filipovic, the fourth suspect Partalo Mišo and the fifth suspect “EF Group” d.o.o. Bijeljina, as end users of real estate, illegally registered real estate registered in LN no. 333 KO Brodac Gornji and PL no. 522 KO Janja in a total area of 655431 m2 at “SAVA” Food industry a.d. Bijeljina-in bankruptcy, even though the mentioned real estate was never owned by “SAVA” Prehrambena industrija a.d. Bijeljina-in bankruptcy, were not included in the initial balance sheet and the Privatization Program during the privatization of the aforementioned legal entity, because all real estate is owned by the Republic of Srpska, so that after the registration of the aforementioned real estate at “SAVA”, Prehrambena industrija a.d. Bijeljina-in bankruptcy, the first suspect published an ad for the sale of real estate on December 20, 2023. year and based on the Decision of the District Commercial Court in Bijeljina no. 59 0 St 000237 23 St 2 from 10.11.2023. year, to which ad, according to the previous agreement, the first and second suspects applied only to the second suspect, who buys the real estate based on the previous offer for the monetary amount of 100,230.00 KM (0.152 KM per m2), far below the market price, so that after the registration of the real estate in the LN no. 333 KO Brodac Gornji gave his own son to the third suspect who, after a few days, “sold” 1/2 of the said real estate to the fourth suspect, and the real estate in PL no. 522 KO Janja 3 Filipovic Stevo leases EF GROUP d.o.o. for a long time. Bijeljina, whose founders are Filipovic Stevo and Miso Partalo, and whose seat is at the first suspect’s home address, and the second suspect’s legal representative, all with the aim of exploiting gravel by applying to the Public Invitation to Ju “Voda Srpske” Bijeljina from 07/05/2024. year, by which, on the basis of the aforementioned exploitation of the property owned by the Republika Srpska, they would achieve multimillion-dollar illegal property benefits for themselves, therefore, the first suspect, Nebojsa Matic, as a bankruptcy trustee in “SAVA” Prehrambena industrija a.d. Bijeljina-in bankruptcy, the second suspect Stevo Filipovic, the third suspect Zivan Filipovic, the fourth suspect Miso Partalo, as well as other unknown persons who participated in the mentioned proceedings committed the criminal offense of conspiracy to commit criminal offenses under Article 365 paragraph 1 of the Criminal Code of the Republic of Srpska in connection with the criminal offense of abuse of official position or authority from Article 315, paragraph 3 of the Criminal Code of the Republic of Srpska, the criminal offense of fraud from Article 230, paragraph 3 of the Criminal Code of the Republic of Srpska, the criminal offense of falsifying a document from Article 347, paragraph 2 of the Criminal Code of the Republic of Srpska, for which the offense is punishable by imprisonment for more than 3 years.
Explanation:
The first suspect, Nebojsa Matic, is a long-term bankruptcy trustee of “SAVA” Prehrambena industrija a.d. Bijeljina-in bankruptcy and the same is unknown to the applicant (obviously illegal and based on falsified or untrue documentation, i.e. without any legal basis), real estate registered in LN no. 333 KO Brodac Gornji and PL no. 522 KO Janja 3 in a total area of 655431 m2, which properties were previously in social ownership registered to the beneficiary OOUR “Biljna proizvodnja” Brodac, which is not the legal ancestor of “SAVA” Prehrambena industrija a.d. Bijeljina-in bankruptcy, registered with “SAVA” Prehrambena industrija a.d. Bijeljina-in bankruptcy, aware of the fact that the mentioned properties were never owned, nor were they in the Privatization Program, nor in the possession of “SAVA” Prehrambena industrija a.d. Bijeljina-in bankruptcy, because they are the property of the Republika Srpska, since they are real estate-agricultural land (LN 333 KO Brodac Gornji) and public water property (PL 522 KO Janja 3), which according to the provisions of Article 10, paragraph 1 and 2 The Law on Republika Srpska is the property of the Republika Srpska. The second suspect, Stevo Filipovic, as a long-time co-owner and director of the legal entity “SAVA Semberija” DOO Bijeljina, as the organizer of the aforementioned criminal group, devised the way in which real estate registered in social ownership will be registered to “SAVA” Prehrambena industrija a.d. Bijeljina-in bankruptcy, taking into account the fact that a large part of the real estate is used for the exploitation of gravel, which currently has a high value on the market, taking into account the fact that in the area of the city of Bijeljina, large infrastructure projects are being carried out – highways Bijeljina-Raca, Raca-Kuzmin and Bijeljina- Brcko. Properties that are registered with “SAVA” Prehrambena industrija a.d. Bijeljina-in bankruptcy were not recorded in the initial balance sheet of the company in the privatization process, on any basis.
After registering the mentioned real estate, the prime suspect Nebojsa Matic publishes an advertisement for the sale of real estate on 12/20/2023. based on the Decision of the District Commercial Court in Bijeljina no. 59 0 St 000237 23 St 2 from 10.11.2023. year to which the administrator addressed the request. The initial purchase price for real estate with a total area of 655,431 m2 was 98,824.00 KM. Before making the decision on the sale itself, it was necessary to submit proof of the payment of a sum of 5,000.00 KM for the purchase of the documentation-geodetic study and a down payment for the participation in the sum of 30,000.00 KM. The aforementioned preconditions for participation in the auction were set too high precisely for the reason that it would make it impossible for other persons to participate in the aforementioned auction – the procedure for submitting bids. The second suspect is the only person who paid the sum of 30,000.00 KM and submitted an offer for the purchase of real estate from a public advertisement for the sum of 100,230.00 KM. On 24.01.2024. with the notary Aleksa Dukanovic, the Real Estate Purchase Agreement No. OPU 63/24, by which contract the transfer of real estate to the second suspect was formally executed.
The second suspect real estate registered in LN no. 333 KO Brodac Gornji presents real estate to his son Zivan Filipovic with the Real Estate Gift Agreement so that son Zivan Filipovic would “sell” ½ of the real estate to the fourth suspect Miso Partalo, and the real estate registered in PL no. 522 KO Janja gives a long-term lease to the newly established legal entity “EF GROUP” d.o.o. Bijeljina, established at the address of the first suspect’s family home, based on Lease Agreement no. OPU 1748/24 of 13.05.2024. concluded by the notary Dalibor Puhalo. Founder of the newly established legal entity “EF GROUP” d.o.o. Bijeljina is the third suspect, Zivan Filipovic, and the fourth suspect is Miso Partalo, head of security for the President of Republika Srpska, Milorad Dodik, and the legal representative of the aforementioned legal entity is the second suspect, Stevo Filipovic.
All the above actions are the result of a previously reached agreement to legally register real estate in social ownership with “SAVA” Prehrambena industrija a.d. Bijeljina-in bankruptcy, that through a later procedure, “legal” sales would be sold to a buyer already known in advance, that is, a person who had the whole structure of acquiring real estate and devised that, after registering the real estate, the second suspect would sell it to members of an organized criminal group, using with the authority of security guard Milorad Dodik, as well as the authority of the President of Republika Srpska in his performances.
Therefore, they are suspected of synchronized fraudulent actions, previously agreed upon, aware of the fact that there are omissions of RUGIP, PJ Bijeljina, regarding the registration of Republika Srpska as the owner in the official records, and all with the aim of obtaining illegal property benefits, they registered real estate in the name of “SAVA” Food industry a.d. Bijeljina-in bankruptcy without valid, i.e. without any legal basis, which represent the property of the Republic of Srpska, were later sold-bought in the bidding process, and became the owners of real estate with an area of 655431 m2, at a miserable price of 0.152 KM per m2, because in the area of Bijeljina there is no part of Semberija (one can say even in Republika Srpska) the quality and creditworthiness of the land as the subject at such a low-unrealistic price . The mentioned real estates were subsequently donated and sold to family members or to their own companies established for the purpose of gravel exploitation, all with the aim of obtaining illegal property benefits in multimillion-dollar amounts.
The applicant, through a proxy, asked “RUGIP PJ Bijeljina” to provide additional data and evidence, i.e. The history of registration, the basis of registration, the Agreement on the transfer of ownership and the Lease Agreement, but as of the date of submission of the application, he did not receive the above data, but immediately after receiving them, they will be submitted to the prosecutor’s office.
For which reason we suggest that the prosecution should:
a. issue an order to conduct an investigation against the reported persons;
b. interrogate the suspects on the circumstances of the execution of the described criminal acts;
c. hear the applicant,
to inspect:
– insight into the Real Estate Sale Advertisement from 12/21/2023. years,
– review of the real estate sales contract OPU-63/24 dated January 24, 2024. years,
– insight into the privatization program of the state capital Food industry “SAVA” a.d. Bijeljina,
– insight into the initial balance sheet of Food Industry “SAVA” a.d. Bijeljina,
– Inspection of Real Estate List No. 333 KO Brodac Gornji dated 10/19/2023. year, 24.05.2024. and 07/08/2024. years,
– inspection of title deed number 525 KO Brodac Gornji dated 10/19/2023. and 07/08/2024. years,
– Insight into the Current overview of data from the register of business entities for “EF GROUP” d.o.o. Bijeljina from 07/08/2024. years,
– Insight into the current overview of data from the register of business entities for the Food Industry “SAVA” a.d. Bijeljina-in bankruptcy from 07/09/2024. years,
– Insight into the current overview of data from the register of business entities for “SAVA Semberija” d.o.o. Bijeljina from 07/09/2024. years,
– Response to the request of RUGIP PJ Bijeljina number 21.12/952-684/24 dated 04/15/2024. years,
– Public invitation of the “Vode Srpske” Water Authority of Bijeljina from 07/05/2024. years.
All this for the reason that there is reasonable suspicion that the accused committed the actions described earlier, as well as other actions that will be discovered during the investigation, because at this moment it is difficult to specify them, given that it is difficult to trace the illegal actions of the accused.
In accordance with the above, we suggest that the prosecutor’s office, after completing the investigation, file an indictment against the suspects with the competent court in order to declare them guilty and punish them according to the law.
