The new Statute on Standard Administrative Treatment (“Official Gazette of RS”, No. eighteen/2016) was enacted on 29 February 2016 and entered into pressure 9 March 2016, but the applying commenced on June 1, 2017. However, Articles nine and 207 happen to be relevant from June eight, 2016.
The Statute on Common Administrative Process is primary regulation which applies in all administrative matters. The brand new statute has launched significant variations, for example:
There is certainly an obligation to use far more favorable measure with the get together, provided the measure is enough to attain the goal of the provision and presented that it is not Opposite to public fascination and rights of 3rd parties (Short article 6);
Concerning the principle of aid on the celebration (Short article 8), administrative officers are underneath the obligation to assist the functions, once they study or decide that a celebration has a valid induce to workout of the correct. Also, the authority is under the obligation to tell a party once the applicable law variations through the procedure;
A completely new time period is introduced – promise document – which designates a composed act partaking the authority to issue the executive doc with set up information, on a events’ request More (Arts. eighteen-21);
Administrative contract is additionally released as a wholly novel idea and it truly is speculated to be concluded among authority plus the party offered that it's versus public curiosity and 3rd get-togethers legal rights (Arts. 22-26);
An additional new principle is one administrative point, which offers likelihood to a celebration to acquire all relevant info, by distributing one ask for and by getting in touch with an individual administrative officer (Report forty two);
Provisions on own delivery happen to be substantially transformed evaluating into the former statute (Article 75);
Provision regarding the wording (text) of a choice as document in administrative treatment have also been substantially adjusted (Short article 141);
There's two wholly new grounds for reopening the procedure (Post 176).
Complaint is introduced as a brand new treatment. It may be applied In accordance with Write-up 147 for the next causes:
Breach of the administrative contract
Taking or failure to consider an administrative action
Provision of a public service.
Besides, advokati beograd it is important to highlighted that this new cure is usually used only if the occasion has no other authorized cures at disposal. Deadlines for filling the grievance are:
Six months from authorities’ failure to fulfill obligation from administrative deal
Fifteen times with the effectiveness of administrative motion or failure to execute
Fifteen days from failure to provide general public assistance orderly and excellent
The grievance may be appealed to managing director of authority against whom the do the job is related, who also decides about the grievance.