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12.03.2021 – Legal entities and individuals – shareholders of Komercijalna Banka took an initiative to the Constitutional Court on assessment of the constitutionality and legality of the Decision made by the Council of the National Bank of the Republic of North Macedonia

Today, the Initiative delivered to Komercijalna Banka AD Skopje was submitted to the Constitutional Court by Mr. Hari Kostov, Chief Executive Officer of Komercijalna Banka, and the lawyer Mr. Igor Spirovski, former judge of the Constitutional Court of the Republic of North Macedonia, together with a number of shareholders of Komercijalna Banka, among which are the companies Adora Inzenering, IGM Trade, Granit, Promedika, Makpetrol, Makedonijaturist, ZSF com, Rade Koncar TEP, Rade Koncar Servis, Rade Koncar Aparatna tehnika, Smelting, Ezimit vino DOO Stip and a number of individuals – shareholders of the Bank. The Initiative refers to initiating a procedure by the Constitutional Court to assess the constitutionality and legality of the Decision on temporary restriction of the distribution and payment of dividends to the shareholders of the banks, made by the Council of National Bank of the Republic of North Macedonia on February 26, 2021.

The submitters of the initiative consider that the challenged Decision was adopted by the Council of the National Bank WITHOUT LEGAL AUTHORIZATION for making a decision with such content, i.e. that the Decision is not in accordance with Article 47, paragraph 1, item 25 of the Law on National Bank of the Republic of Macedonia. Namely, this article of the Law clearly authorizes the National Bank Council to "perform other tasks DETERMINED BY THIS LAW". The National Bank Council is not free to determine the tasks it will perform, but can only perform those tasks for which it has an explicit authorization determined by law. There is not any provision of the Law on the National Bank that defines an authorization of the Council to prescribe, by means of its act, a restriction on the distribution and payment of dividends to the shareholders of the banks, irrespective of the goals that the NBRSM Council wanted to achieve. It is the opinion of the initiative submitters that with the adoption of the challenged Decision, the Council has exceeded its authorizations and competencies determined by law and that such a decision in legal theory and case law shall be considered null and void.

The submitters of the initiative also consider that the Decision is not in accordance with the fundamental values ??of the Constitutional order of Article 8 - rule of law, legal protection of property, freedom of the market and entrepreneurship.

Based on these arguments, the submitters of the initiative propose the Constitutional Court to initiate a procedure for assessing the constitutionality and legality of the disputed Decision, and then to annul it. They also propose that the Constitutional Court make a decision to suspend the execution of individual acts and actions taken on the basis of the disputed Decision until the final decision on the case.

 

 

Објавено на: 12.03.2021 15:30:26
Документ БР.: DOC_10686-235/2021
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