The new Statute on General Administrative Process (“Formal Gazette of RS”, No. eighteen/2016) was enacted on 29 February 2016 and entered into force nine March 2016, but the appliance started out on June 1, 2017. Nevertheless, Posts nine and 207 are already applicable from June eight, 2016.
The Statute on Standard Administrative Method is primary regulation which applies in all administrative matters. The brand new statute has launched substantial variations, for instance:
There is certainly an obligation to apply far more favorable measure for that 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 for the party (Short article 8), administrative officers are underneath the obligation to assist the functions, once they study or decide that a celebration has a valid bring about to physical exercise of the right. Additionally, the authority is under the obligation to tell a celebration once the suitable law alterations during the treatment;
An entirely new phrase is released – assure doc – which designates a penned act engaging the authority to challenge the administrative document with recognized content, upon a functions’ ask for (Arts. 18-21);
Administrative agreement is usually introduced as a completely novel strategy and it is purported to be concluded concerning authority and also the social gathering delivered that it is in opposition to community desire and third events rights (Arts. 22-26);
A different new concept is single administrative level, which delivers risk to a celebration to obtain all pertinent facts, by publishing a single request and by getting in contact with one administrative officer (Posting 42);
Provisions on individual Click here shipping and delivery are already appreciably changed comparing towards the earlier statute (Report seventy five);
Provision with regards to the wording (textual content) of a call as doc in administrative procedure have also been significantly altered (Write-up 141);
There are 2 entirely new grounds for reopening the treatment (Report 176).
Grievance is released as a different cure. It might be used As outlined by Posting 147 for the subsequent good reasons:
Breach of the executive deal
Getting or failure to just take an administrative motion
Provision of a community support.
Apart from, it is vital to highlighted advokati novi sad that this new remedy may be applied only when the party has no other lawful therapies at disposal. Deadlines for filling the criticism are:
6 months from authorities’ failure to meet obligation from administrative contract
Fifteen times within the general performance of administrative motion or failure to complete
Fifteen days from failure to supply public company orderly and high-quality
The criticism might be appealed to controlling director of authority towards whom the function is connected, who also decides over the criticism.