You got your own company. You’re the only owner. You decide to appoint yourself director, sign the decision and hand it over through electronic profile where the state has already verified your identity. But for the Agency for the Registering of Kosovo Business, that is not enough. You have to go to the swimmer to prove your own decision, to yourself, to your company!
This practice, as unusual as it is legally disputed, has been denounced by the lawyer and chairman of the Kosovo Lawyers’ House, Besnik Berisha, who has raised the alarm for bureaucratic burdens that, according to him, continue to make Kosovo businesses difficult even basic procedures.
Through a public reaction, Berisha has explained that a trade company with only one owner has handed over the signed decision to appoint the owner as manager.
The application is made personally through the owner’s electronic profile, created and verified with ID and electronic address.
So, according to Berisha, there is no dilemma about who has made the decision, who signed it, and who is seeking its registration.
However, The ARBK has demanded that the decision be lonered, warning that, if this requirement is not met within ten days, the application will be automatically deleted.
When the state recognises you as its owner, verify your identity, accept your application, but asks you not to believe the decision you made on yourself! Berisha wrote, irony administrative practice.
He has raised a direct question to the institution:
What additional legal security does this seal produce? What specific danger prevents it? )
But what Berisha considers even more disturbing is the legal basis on which the ARBK supports this requirement.
According to him, Law No. 06/ L-016 for Trade Companys recognizes the decision-making of single shareholders, while Article 40 envisions sharing a copy of the decision to change society’s data, without explicitly specifying notification as a condition.
Meanwhile, the ARBK’s request, according to the response, is based on an administrative decision.
Where does he get legal authorization to impose businesses with an additional obligation that does not result from these provisions of law? Berisha has asked.
He has stressed that administrative decisions should serve law enforcement rather than convert to the source of new duties for citizens and businesses without sufficient authorization and rationale.
For Berisha, the problem is not only an additional notary or payment, but the way the administration works towards those who create jobs and contribute to the economy.
It’s not just a seal, a payment, or a visit to the swimmer. It is about a wrong administrative philosophy where citizenship and business continue to be treated as if they exist to serve procedures rather than vice versa, he noted.
Another strong criticism of Berisha relates to the digitalisation of public services.
According to him, the state cannot claim to have facilitated procedures just because the application is made online, if businesses continue to be forced to go physically from one office to another for unnecessary formalities.
We have digitized application, but not bureaucratic thinking, it’s his message.
On this issue, Berisha has publicly turned to Industry, Trade, Trade and Innovation Minister Mimoza Kusari-Lila, demanding that the institution she heads intervene to review the practice.
This case deserves your attention and institutional intervention, not to favor any business, but to protect businesses from the administrative burden that can and should be avoided, he wrote.
Berisha has asked the minister for the ARBK to be identified as the concrete legal base for additional obligations and the elimination of formalities that are not necessary.
He has added that major reforms are not necessarily needed for such changes, but the institutional will to see procedures from the perspective of citizens and businesses.
Businesses do not demand favors, but an administration that respects their time, money and rights has stressed Berisha.
In the end, he has conveyed a message that sums up criticism of the operation of public administration:
A serious state does not measure legitimacy with the number of seals it requires but with the ability to guarantee judicial security without producing unnecessary red tape. )
The response has ended with the call for the state, before promising to promote entrepreneurship and economic development, to begin by not making business difficult even the simplest jobs.
It now remains to be seen whether the ministry will seek revision of the ARBK practice and clarifying the legal basis for notification of such decisions.
The signal where the truth speaks before the news!
Source Layer: Signal
