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Shkruar nga Pamfleti
After the publication in the media of the scandal of the director of the School of Magistrates, Arben Rakip, the Democratic Party has accused Rakip of using the position for private gain.
The spokesperson of the Democratic Party, Floriana Garo, in a statement to the media, said that in a conflict of interest and in violation of the law, Arben Rakipi in June 2020 founded the company Zyra Ligjore Rakipi & Partners where he owns 55% of the shares and despite being elected director of School of Magistrates, has practiced the private activity of a lawyer.
Garo said that according to the law on the School of Magistrates and its regulation, this constitutes an open violation and placement in conditions of conflict of interest.
" In conflict of interest and in violation of the law, Arben Rakipi in June 2020 founded the company Zyra Ligjore Rakipi & Partners. Rakipi owns 55% of the shares and his family members the part that remains divided between his son and 2 partners. As it results from the documents, Arben Rakipi, although commanded as the Director of the School of Magistrates, has exercised the private activity of a lawyer. 3 days before the competition for the position in question was opened, he founded another company, registered at the CKB in July 2020, the period when Arben Rakipi would apply to be elected as the Head of the School of Magistracy ", she said.
According to the Law on the School of Magistracy and its regulation, this constitutes an open violation and placement in conditions of conflict of interest.
Garo said that Rakipi continued undisturbed even after being elected as Director of the School of Magistrates for a 4-year term. He even adds legal violations.
" After more than two months from the appointment, Arben Rakipi decides to donate the shares to his wife, Vilma Rakipi. But this is no more than a maneuver to avoid a conflict of interest. He only changes the name of the shareholder, since according to the matrimonial regime, he remains the beneficiary with 50% of any assets created during the marriage. Even according to this contract, Vilma Rakipi could not alienate the shares without the prior approval of Arben Rakipi. Law 115/2016 and the Regulation of the Institution, in Article 23, provides that together with the Head of the School of Magistracy, family members are prohibited from having profitable activities. The violations continue, are you saying that Arben Rakipi is a remaining student of Law, and not the director of the school that should prepare the elite of Albanian Jurisprudence. The definitions in the STATUTE of the company clearly emphasize the way in which the share quotas are transferred. According to article 11 of the statute, signed by Arben Rakipi, it is determined that the contract for the transfer of quotas to the wife had to be notarized together with the decision of the Assembly of Partners ", said Garo.
The documentation submitted to the KKB proves that the contract and the decision have not been notarized and the KKB should not transfer the quotas since the contract is void, she continued.
Garo stated that according to the definition in the STATUTE and the Law "On Commercial Companies", Arben Rakipi is a de facto and de jure shareholder of the Company and the contract has no legal value.
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