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The Parliamentary Group of the Democratic Party, through the Motion of 1/10 of the deputies of the Assembly, has today officially requested that the Assembly start the parliamentary procedure for ascertaining the incompatibility of the mandate of the socialist deputy Vullnet Sinaj.
In the Motion signed by 14 opposition legislators, it is evidenced through 30 accompanying evidences that Deputy Sinai exercises his mandate in violation of point 3 of Article 70 of the Constitution, which prohibits the deputy from receiving funds from the State Budget or state property.
From the verification of the data of the General Directorate of the Treasury and the National Business Center, it results that the deputy of the Socialist Party, Mr. Vullnet Sinaj, through the companies it owns, has benefited from the State Budget. The companies 'BIGALB GROUP' sh.pk, 'BIG LISUS' sh.pk, 'BIG DURRSI' sh.pk, 'BIG PESHKOPIA' sh.pk, 'BIG ROI' sh.pk, 'BIG LEO' sh.pk, ' BIG LEZHA' sh.pk, 'BIG DRINI' sh.pk, 'BASHKIMI' sh.pk, 'TIRANA CASH & CARRY' sh.pk, which are owned or co-owned by deputy Vullnet Sinaj, through only 9 verified transactions, have benefited from income from the State Budget in the total amount of ALL 3,689,814.
The above companies have continued to be owned by the deputy Vullnet Sinaj even after he won the mandate of the deputy and also after he appointed two people Mrs. Elona Koshi and Mr. Eduart Koshi as a trusted person of the sole partner Mr. Vullnet Sinaj', through act-agreements dated 20.07.2017, 29.03.2018 and 31.10.2018. Through these agreements, it appears that only the quotas were transferred and not their alienation, going from 'active owner of shares' to 'passive owner of shares' due to the appointment of 'a trusted person'.
The 'trusted person', as clearly defined in the above-mentioned Act-agreements, has passed only the decision-making right over 100% of the quotas owned by deputy Vullnet Sinaj, for the purpose of general management of the companies' activities. But in no case, the deputy Vullnet Sinaj does not lose the right to receive profits from the company, because this not only originates from the law, but is also clearly defined in point 3, article 3 of each Act-Agreement, which specifies:
'Mr. Vullnet Sinaj, despite becoming a passive owner of its shares, enjoys individually the right to benefit from the civil fruits of ownership that it enjoys over its shares in the company, benefits which will be reflected in detail in the company's Financial Statements, but in any case, he cannot exercise any other civil action on this property'. - said in the Motion signed by the opposition MPs.
The Motion also highlights the fact that initially in the Act-Agreement dated 20.07.2017, deputy Sinaj expressly provided in point 8, of article 3, that: 'The company will not carry out any profitable activity that originates from the property of the state or the local government nor to acquire wealth from these, in order to correctly implement point 3 of article 70 of the Constitution of the Republic of Albania'.
Furthermore, such a prohibition has been removed from the content of the Act-Agreements dated 29.03.2018 and 31.10.2018, thus allowing, contrary to the Constitution, for the companies owned by him to benefit starting from 2019, income from the State Budget and MP Sinai to receive other income, in addition to salary, from the profit of his companies from the state income.
The ownership of these companies and the fact that the profits went as dividends to the deputy Vullnet Sinaj itself is also proven by the Annual Statements of wealth declaration for the subject Vullnet Sinaj. From our side, the declarations of 2017 (start of office), 2017, 2018, 2019, 2020 and 2022, which are public, were analyzed, from which the MP declares the ownership of these companies and declares the profits of these companies as income. , through receiving the dividend in accordance with the shares it owns in each company.
Consequently, the Assembly of Albania, in compliance with the obligations arising from article 70, point 4, of the Constitution of Albania, and article 119/1, point 2, of the Rules of the Assembly, must decide to send the motion for consideration to The Constitutional Court, to ascertain the incompatibility and the end of the mandate of the deputy Vullnet Sinaj.' - it is stated in the request of 14 deputies.
The Parliamentary Group of the Democratic Party has asked the Speaker of the Assembly to convene the Council for Regulations, Mandates and Immunities to consider the motion presented by the constitutional subject of not less than 1/10 of the deputies of the Assembly, the inclusion in the Agenda of one of the first sessions of the Assembly and the sending of the case to the Constitutional Court for the finding of incompatibility and the end of the mandate of deputy Vullnet Sinaj.
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