COUNCILLOR AND DIRECTOR: Complaints filed against Toni Vukadin with APIK and the Anti-Corruption Team of the FBiH Government for conflict of interest

(Patria) - Toni Vukadin is the current municipal and city councillor for the People and Justice party in the Novi Grad Municipal Council and the City Council, and since December 2023 he has also taken on the position of acting executive director for risk management. In March this year, he was appointed acting director for business support at the Development Bank of FBiH. In the upcoming local elections, he is again a candidate for the People and Justice party for the Novi Grad Municipal Council, even though he is still employed at the Development Bank of FBiH.

A complaint against Toni Vukadin was filed several days ago with the Agency for the Prevention of Corruption and Coordination of the Fight against Corruption in BiH – APIK and the Anti-Corruption Team of the FBiH Government due to a conflict of interest and an appointment contrary to the Law on the Development Bank of FBiH.

In November 2023, appointed acting executive director for risk management

Vukadin is an elected official under Article 3, point e), paragraph 3, but at the same time also a holder of an executive function under Article 3, point f) of the Law on Conflict of Interest in Government Bodies of the Federation of BiH.

The legal status of the Development Bank of FBiH as a special financial institution, as well as the legal status of its management body and its managers, is established by the Law on the Development Bank of the Federation of BiH (Official Gazette of FBiH, No. 37/08) and by-laws, specifically the Decree on Exercising Authorities in Companies with State Capital Participation under the jurisdiction of the Federation of BiH (Official Gazette of FBiH, Nos. 26/16, 3/17, 9/17, 69/17).

"This Decree establishes that the Development Bank is included in the List of companies in which the Government of the Federation of BiH exercises authorities based on state capital (100% state capital) under the jurisdiction of FBiH. In accordance with Article 13 of the Decree, the selection of candidates for the management of these institutions is carried out through a procedure in which the FBiH Government adopts a Decision on granting prior consent to the competent body of the company for the appointment of management members.
According to the above, and respecting the provisions of Article 168, paragraph 1 of the Labor Law in FBiH, management members perform public duties, meaning that the management of the Development Bank of FBiH is considered to be holders of executive functions.

Based on the decision of the Federation Government adopted on November 30, 2023, on granting consent for the appointment (acting) of the management of the Development Bank of FBiH, it is concluded that the legal principle of the absence of a conflict of interest for persons elected as holders of these executive functions has not been respected," states the complaint that was submitted.

Vukadin has never resigned his mandate as municipal and city councillor.

Vukadin changed positions

In March this year, Vukadin told Patria that he had contacted four addresses asking whether he was in a conflict of interest and was waiting for a response from the Ministry of Justice of FBiH.

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Toni Vukadin je općinski i gradski vijećnik i jedan od direktora u Razvojnoj banci FBiH: Ne zna da li je u sukobu interesa

(Patria) - Toni Vukadin aktuelni je općinski i gradski vijećnik Naroda i pravde u Općinskom vijeću Novi Grad i Gradskom vijeću, a od decembra 2023. godine je preuzeo i poziciju vršioca dužnosti izvršnog direktora za upravljanje rizicima u Raz

Given that the Law on Prevention and Suppression of Corruption in Sarajevo Canton stipulates that a holder of a public function, which in this case Vukadin is as an elected councillor, cannot perform more than one function unless otherwise specified by a special regulation, and that the restrictions on performing public functions apply to all levels of government as defined by laws regulating the same matter at other levels of government, it is evident that Vukadin is in a certain conflict of interest.

The complainant requests the Anti-Corruption Team of the FBiH Government to resolve the complaint in accordance with positive legal regulations and the tasks entrusted to them.

"It is possible to seek criminal liability if such appointments occur to the detriment of those dismissed who do not bear the burden of conflict of interest, and in favor of persons who are evidently and with evidence substantiated in conflict with the listed regulations.

The Criminal Code of the Federation, in this regard, as cumulatively fulfilled conditions, stipulates awareness of the act, measurable damage to one or more persons, and determination of the damage caused to other persons.

On this occasion, it is necessary to resolve the issue of the status of the Development Bank as a special financial institution established by a special law," the complaint states.

(A.V.)