The legal team of VMRO-DPMNE submitted a proposal to the Skopje Court of Appeal to annul the verdict of the Basic Criminal Court Skopje for the well-known Talir cases.
Namely, even though VMRO-DPMNE was not a party to the case, but became an affected party, the Criminal Court nevertheless issued a verdict to freeze the party’s assets.
From what has reached us, there is a letter in which it is precisely determined that the Criminal Court did not base its judgment on existing legal norms, which from the very beginning prominent lawyers said that the whole case is based on political platitudes and accusations, and not of legal norms and provisions.
From the letter to the Appeal, it is concluded that the court does not recognize the positive legal norms at all and does not distinguish between public service and public procurement. Namely, the court, on the proposal of the Public Prosecutor’s Office, ruled that GP Beton performs public services and therefore could not conclude an agreement with a political party.
Namely, the term public services means services that are provided by a certain legal entity, and represent services that, for a certain fee, are performed instead of the state. Such as the transmission of electricity, gas, water, certain transport services, but not the construction of a building.
From the evidence presented, it cannot be confirmed that GP Concrete performs public services, nor that they were hired by a state authority or a local self-government authority to perform public services, for which reasons neither in the specific event nor can it be concluded that the political party violated Article 20 of the Law on Financing Political Parties, i.e. the construction of the building in a manner carried out in accordance with the Statute and carried out by GP Beton cannot be classified as prohibited and contrary to the legal and legal norms, it is stated among other things in the explanation of the proposal of the lawyer VMRO-DPMNE team to the second instance court.
At the same time, the court ruling is not clear about which prohibitions in the direction that political parties cannot acquire other types of income than those enumerated in Article 19 paragraph 2 of the Law on Financing Political Parties, this is because the concluded agreements cannot be evaluated as also prohibited is the way in which the party VMRO-DPMNE increased its property by using the value of the property over which they had ownership and it was used to achieve the goals and activities established by the Statute of the party and by Article 6 of the law on financing political parties , and does not contradict Article 3 thereof.
As their name suggests by definition not for profit organizations do not aim to make a profit by providing services or selling products.
The purpose of their existence is the satisfaction of generally useful goals and any profit that the non-profit organization achieves from unrelated economic activities can only be used to achieve legitimate goals determined by the Statute and the law that is in accordance with Article 2 of the Law on Political Parties .
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