The New Statute on Typical Administrative Treatment

The brand new Statute on Normal Administrative Technique (“Official Gazette of RS”, No. 18/2016) was enacted on 29 February 2016 and entered into drive nine March 2016, but the application begun on June one, 2017. Even so, Content articles nine and 207 are already relevant from June 8, 2016.
The Statute on Common Administrative Procedure is Key legislation which applies in all administrative matters. The brand new statute has introduced sizeable alterations, like:

There is an obligation to use much more favorable evaluate with the social gathering, supplied which the measure is ample to attain the goal of the provision and furnished that it is not Opposite to public desire and rights of 3rd events (Posting 6);
Concerning the theory of aid on the celebration (Short article 8), administrative officers are underneath the obligation to assist the functions, once they understand or determine that a celebration has a valid lead to to exercise of a ideal. In addition, the authority is underneath the obligation to inform a celebration when the relevant regulation adjustments in the treatment;
A wholly new term is launched – promise doc – which designates a written act participating the authority to difficulty the administrative document with recognized content material, upon a functions’ ask for (Arts. 18-21);
Administrative agreement is usually introduced as a completely novel thought and it's designed to be concluded concerning authority and also the social gathering delivered that it is towards community desire and third events rights (Arts. 22-26);
A different new concept is single administrative level, which supplies risk to a celebration to obtain all pertinent data, by publishing a single request and by getting in contact with one administrative officer (Posting forty two);
Provisions on individual shipping and delivery are already appreciably improved evaluating to the prior statute (Write-up seventy five);
Provision concerning the wording (text) of a decision as document in administrative process have also been drastically transformed (Report 141);
There's two absolutely new grounds for reopening the course of action (Article 176).

Complaint is introduced as a new remedy. It can be applied according to Post 147 for the next good reasons:

Breach of the executive agreement
Getting or failure to just take an administrative action
Provision of More a public services.

In addition to, it is vital to highlighted that this new remedy can be used only in the event the occasion has no other lawful solutions at disposal. Deadlines for filling the grievance are:

Six months from authorities’ failure to fulfill obligation from administrative contract
Fifteen times with the effectiveness of administrative motion or failure to execute
Fifteen days from failure to provide general public assistance orderly and advokati excellent

The grievance could be appealed to handling director of authority against whom the do the job is related, who also decides about the grievance.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

Comments on “The New Statute on Typical Administrative Treatment”

Leave a Reply

Gravatar