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Director of Montenegro anti-corruption agency violated contract

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  • Montenegro

Director of Montenegro anti-corruption agency violated contract

Case Date(s)
11/2022
Case Updated
08/2024

Case Summary

Phase

1st instance verdict

Offence

  • Abuse of functions
  • Embezzlement, misappropriation or other diversion of property by a public official

Sector

  • Public administration and defense; compulsory social security

Involved people

Allegedly involved people Jelena Perović Former Director of the Agency for Prevention of Corruption (ASK)
Jelena Perović
Politically exposed
Yes
  • Abuse of functions
  • Embezzlement, misappropriation or other diversion of property by a public official

A Montenegrin court ruled (first degree verdict) in August 2024 that Jelena Perović, former director of the agency for the prevention of corruption (ASK), must repay €58,539.70 plus interest for violating the terms of a state-subsidised apartment programme.

Jelena Perović, former director of Montenegro’s agency for the prevention of corruption (ASK), was subject to legal action due to the allegedly unlawful sale of a state-subsidised apartment allocated to her under specific conditions while being a judge. The case resulted in a first degree court ruling against her, financial penalties and her subsequent dismissal from ASK because of other irregularities.

In 2018, while serving as a judge, Perović was granted a state-subsidised apartment under a government housing programme for judicial officials. The conditions of the allocation required her to remain in her judicial position for at least five years before selling or transferring ownership of the property. This condition was set to ensure long-term residential stability for public officials benefitting from the programme.

However, while still president of the basic court in Cetinje, Perović sold the apartment before completing the required five-year period. The premature sale was deemed a violation of the agreement, because she did not stay in the court for five years, as stipulated by the contract. As a result, legal proceedings were initiated to assess the financial impact and enforce accountability.

Following an investigation, the state filed a lawsuit to recover the funds associated with the apartment’s unlawful sale. The case was brought before the Basic court in Podgorica, which conducted a legal review of the circumstances and financial implications.

In August 2024, the Basic court in Podgorica issued a ruling requiring Perović to return €58,539.70 to the state, reflecting the value of the financial benefit she received from the subsidised apartment. The court also ordered her to pay interest on the amount, calculated from May 2019 onwards. The first degree ruling was based on findings that the early sale constituted a breach of the programme’s conditions, justifying the state’s claim for financial restitution.

In response to the court’s findings and ongoing legal concerns, than newly established Council of the Agency for the prevention of corruption held a meeting in August 2024 to review Perović’s position. The council, as the governing body responsible for oversight of ASK, evaluated the legal decision and its implications for institutional integrity.

Following deliberations, the council unanimously decided to remove Perović from the position of director. The decision was based on the violation of legal obligations related to the subsidised housing case and the court’s determination of financial misconduct. Her removal marked the conclusion of her tenure as head of ASK and the resolution of her role in the case.

In related cases, in November 2024, the special state prosecutor’s office (SDT) filed an indictment against her, charging her with multiple counts of abuse of office and falsification of official documents. The charges allege that, as ASK director, Perović unlawfully approved salary increases and bonuses without proper authorisation, personally benefitting while causing financial damage to the state.

Further details

JURISDICTION/COURT

Basic court in Podgorica

LAWS (ALLEGEDLY) BREACHED

Law on obligations;

Law on the Prevention of Corruption;

Criminal Code of Montenegro, specifically the following articles 416 - Abuse of Office; Article 420 - Negligent Performance of Official Duties

FINAL SANCTION OR MEASURE

Perović was obliged to pay €58,539.70, as well as interest starting from 17 May 2019, because she sold the apartment that she had obtained under favourable conditions and did not remain in the basic court for five years from the conclusion of the contract.

UNCOVERING METHOD

Investigative journalism

NGO-led media campaign

JUDGE NAME

Mirza Ademović

SOCIAL HARM ON SDGs

16 Peace, justice and strong institutions

Jelena Perović's actions have caused financial damage to the state and undermined public trust in Montenegro's institutions. By obtaining a state-subsidised apartment under the condition that she would remain in her judicial position for at least five years and then selling it before fulfilling this obligation, she violated the agreement. This misuse of public funds deprived the state of resources intended for fair housing support. Such actions weaken the credibility of public institutions and erode confidence in the fair distribution of state benefits.

Beyond the financial loss, this case reinforces scepticism about Montenegro's anti-corruption mechanisms. As the former head of the agency for the prevention of corruption, Perović’s misconduct contradicts the principles of the institution she had led. When those responsible for upholding integrity engage in unethical practices, it discourages citizens from believing in the rule of law. The failure to hold high-ranking officials accountable fosters a culture of corruption, making it harder to strengthen transparency and good governance.

Disclaimer

Every effort has been made to verify the accuracy of the information contained in this database. All information is believed to be correct as of 08/2024. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.

Additional Material

MANS closely followed and researched this and other cases related to the former director of the agency for prevention of corruption, Jelena Perović. In this case, in November 2022, MANS demanded in the name of the state, that the protector of property and legal interests of Montenegro, Bojana Ćirović, request compensation for damages from Perović due to contract violations related to the purchase of apartment under favourable conditions.

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