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http://www.independent.mk/articles/10472/If+Lustrated+Persons+Do+Not+Leave+Offices%2C+They+Will+be+Forcefully+Removed
If Lustrated Persons Do Not Leave Offices, They Will be Forcefully Removed Commission Chairman Tome Adziev, confirmed yesterday that such warnings have been directed to multiple addresses. Photo: Vlatko Perkovski
Yesterday, the Lustration Commission sent a warning to institutions and organizations that still have lustrated employees to remind them that they are not allowed to keep that post, reads daily Dnevnik.
This new warning the "lustrators" are sending now because they have already been informed that the lustration process has finished. However, the findings indicate that a number of people are still public officials and perform public authorization, which means that decisions have not been implemented.
Commission Chairman Tome Adziev, confirmed yesterday that such warnings have been directed to multiple addresses.
"These people, and there are more of them, cannot continue to perform the function they have. The law is clear and it should be implemented. We shall wait some time to see if these individuals are be removed from the posts. If they are not, then we will refer to the State Administrative Inspectorate to carry out what they prescribe by the law", Adziev said.
He added that warnings will be sent to MANU as well as to several other institutions. Academician Ivan Katardziev, who was lustrated these days, is the last and the fourth name among academics that didn’t pass the lustration filter. He announced that he would not appeal the decision of the “lustrators”. Previously, the late writer Slavko Janevski was lustrated as well as the sculptor Tome Serafimovski and the writer Pavlovski, who gave up his academic status.
Among the names of the lustrated who still perform the function, is the university professor Ljubomir Frckoski, who still lectures at the Law Faculty at UKIM in Skopje. The current dean of this educational institution, Borce Davitkovski refused to terminate the employment of Frchkoski explaining that he did not perform a public function, but only a public activity. Dean Davitkovski last year for "Dnevnik" said professor Frckoski performed only teaching activity and therefore cannot be covered by the law on lustration and he had no intention to implement the decision. Among the lustrated there are other professors, judges, etc.
In his warning Lustration Commission refers to Article 28 of the Law on Additional Criteria for performing a public function. It states that limiting the right to perform a public function refers to a person who is "a public official or performs a public authorization" and for whom the Commission determines that cooperated with the National Security Services between August 2, 1944, to date of commencement of implementation of the Law on Free Access to public Information.
Commission for lustration is currently working on checking the records of 15,000 victims of political and ideological slandering and associates of the secret services who have been doing it.
Romeo Dereban: We see no opportunity to get involved
State Administrative Inspectorate have not received an application for initiating proceedings for termination of employment or function of any of the lustrated people told us yesterday Romeo Dereban, Director of the State Administrative Inspectorate.
He explained that according to the Law on Administrative Inspection, State Administrative Inspectorate has the authority to supervise and to ensure uniform application of regulations related to civil and public servants, except supervision in accordance with the law which is the responsibility of another authority. He has the authority to supervise the execution of final administrative acts.
"Given the fact that the persons covered by Article 3 of the law on determination of the requirement to limit to perform a public function are mostly elected and appointed officials, I do not see the possibility of including the Inspectorate in a procedure of execution of final regulations for termination of employment, or function, adopted by the competent state authority", he emphasized.
However, continued Dereban, the Inspectorate is obliged to carefully consider each personal request submitted, initiative if it determines that there is no legal authority to act upon it, and as prescribed by law it will adopt a conclusion of non initiation of proceedings for a submission.
KAMBOVSKI: We WILL TALK About KATARDZHIEV SOON
Because of his engagement with the official academic delegation visit to the Bulgarian Academy of Sciences in Sofia, MANU President Vlado Kambovski yesterday, said that there is nothing to comment on the case with academic Ivan Katardziev.
"For this I can only speak when we come back in Skopje", he said.