LAWON INSPECTION SUPERVISION("Off. Herald of RS", No. 36/2015) |
Article 1
This Law governs the contents, types and shapes, and the procedure of inspection supervision, powers and obligations of the participants in the inspection supervision and other issues significant for the inspection supervision.
Notion and Objective of the Inspection Supervision
Article 2
The inspection supervision is a task of the state administration, the contents of which and the notion have been specified by the law that regulates the operation of the state administration, carried out by the state administration bodies, as well as the bodies of the autonomous province and bodies of the local government units, with the aim of taking preventive actions or imposing measures that secure legality and safety of operation and actions of the supervised entities, and thus prevent or remove the damaging consequences incurred to the goods, rights and interests protected by the law and other regulation.
Other forms of supervision and control that examine the application of the law and other regulations by direct insight into the operation and actions of the supervised entity, which are carried out by the bodies referred to in paragraph 1 of this Article as well as other entities holding public powers, in line with special law, are treated in the same manner as the inspection supervision.
Article 3
Certain expressions used in this Law have the following meaning:
1) Inspection is an authority within, an internal organizational unit or inspectors of the state administration body, i.e. body of the autonomous province, or local government unit or other entity holding public powers, which performs the inspection supervision;
2) Inspector is an official with special powers, obligations and responsibilities specified by law, who meets the requirements for the performance of inspection supervision, and who carries out the inspection supervision and enjoys the criminal and legal protection stipulated by law;
3) Supervised entity is a legal person, sole trader or natural person, an organizational form through which a natural or legal person performs its operations or carries out activities and which is not under the obligation of registration, as well as an entity with public powers, in line with the law, whose operation and actions are being supervised;
4) Unregistered entity is a supervised entity which operates or performs activity but is not registered with a relevant register maintained by the Business Registers Agency, or other body or organization competent for the registration of incorporation of a legal person and other entity (hereinafter referred to as: the basic register), when registration with this register has been prescribed as a requirement for operation or performance of activities;
5) Risk is a combination of probability of occurrence of damaging consequences to the goods, rights and interests protected by the law and other regulations, which might stem from the operation or actions of the supervised entity, and the probable severity of such consequences;
6) Checklist is a document containing the list of priority issues of verification and other actions for which the inspection has been authorized, set according to the severity of the possible damaging consequences in a specific area, pursuant to the rules on risk assessment and the subject and the scope of verification;
7) Document on the application of regulations is a document in the shape of an opinion, rationale, response to a question, recommendation and other document of a different name, in compliance with the law pertaining to the application of the law or other regulations in the scope of inspection, prepared in written form by a competent body of the state administration, or the autonomous province and the local government unit or other entity holding public powers, pursuant to the law governing the state administration and other law;
8) Submission is an application, petition, motion or a document of a different name filed by an interested natural or legal person, to the inspection, with the aim of initiating the inspection supervision procedure;
9) Official counseling visit is a form of preventive action of the inspection, by providing expert and counseling support to the supervised entity, in situ, organized by the inspection independently from the inspection supervision;
10) Preventive inspection supervision is the inspection supervision focused on the prevention of occurrence of probable damaging consequences;
11) Greater value is the value of a specific material good which amounts to at least RSD 3,000.000.
Application of this Law and Relation to other Laws
Article 4
The contents, limits, powers, rights and obligations in performance of the inspection supervision are stipulated by this and special laws.
In the procedure of conducting the inspection supervision, the inspector, i.e. other authorized officer acts abiding by the principles and operating rules of the state administration and the principles and operating rules of state officers, i.e. officers of the autonomous province and local government unit, as well as abiding by the principles and operating rules which govern the general administrative procedure.
This Law is directly applied in the procedure of the inspection supervision carried out by the bodies of the state administration, as well as in the procedure of inspection supervision which, as a task entrusted to the state administration, is carried out by the bodies of the autonomous provinces and bodies of the local government units.
In the procedure of conducting the inspection supervision and official control, stemming from special laws, confirmed international agreements or compliance of the legislation of the Republic of Serbia with the acquis communautaire of the European Union, provisions of the special law are applied directly, in case the inspection supervision and the official control are in certain areas differently regulated by such law.
Direct application of the provisions of special laws referred to in paragraph 4 of this Article, may not exclude or limit the direct application of the provisions of this Law which govern the issues of the inspection supervision and official control, which are not regulated by these special laws.
Harmonizing the provisions of special laws, referred to in paragraph 4 of this Article, with the provisions of this Law, is carried out under the conditions, and in the manner and within the deadlines specified by Article 69 of this Law.
Direct application of the provisions of special laws, referred to in paragraph 4 of this Article, may not, at any point, exclude or limit the direct application of the provisions of this Law that govern the unregistered entities and the conduct towards unregistered entities, and the inspections shall apply the provisions of this Law governing the unregistered entities and the conduct towards such entities.
This Law is applied mutatis mutandis in the inspection supervision procedure performed within their original jurisdiction by the bodies of the autonomous provinces and the bodies of the local self-government units, as well as when the bodies of the state administration, bodies of the autonomous province and bodies of the local government units and other entities holding public powers, perform other forms of supervision and control, within the meaning of Article 2, paragraph 2 of this Law.
This Law is not applied to the actions and tasks of defense, police, communal police and Tax Police, the special organizational unit of the Tax Administration, being the body within the ministry competent for finance affairs.
Tasks and powers, specified by this Law, do not introduce the obligation of additional employment and the local government units shall perform them in line with the regulations governing the employment in the local government units.
Cooperation with other Bodies, Holders of Public Authority, and Legal Entities and Natural Persons
Article 5
Cooperation of the competent inspection with other state administration bodies, bodies of the autonomous province and the local government unit, judicial and other state bodies and other interested bodies and organizations, is realized in line with the jurisdiction of the inspection and forms of cooperation, specified by the regulations on state administration and by special laws.
Cooperation particularly includes the mutual notification, exchange of data, provision of support and joint measures and actions significant to the inspection supervision.
When performing tasks within its scope, the competent inspection harmonizes the plans of the inspection supervision and its actions, exchanges data, proposes undertaking of joint measures and activities significant for the performance of the tasks of the inspection supervision and cooperates in other way with other inspections and entities holding public powers which carry out special forms of supervision and control - with the aim of performing a more comprehensive and more effective inspection supervision, and particularly to suppress the operations or activities of unregistered entities.
State bodies, bodies of the autonomous province and local government unit and holders of public authority, shall, upon request of the inspector, provide him with the requested data and notifications which are significant for the inspection supervision, within the term of 15 days from the day of receipt of the request.
The competent inspection, pursuant to the law, cooperates with natural and legal persons, especially for the purpose of preventive action, as well as improvement of mutual responsibility of natural and legal persons and the inspections, in the process of implementation and the supervision of implementation of regulations. With that aim in view, the inspection may hold informative and educational panels and counseling meetings with the representatives of the private sector and other interested parties.
Natural and legal persons may file submissions and requests to the inspection, and seek data and notifications from it, in line with the law.
If, in regard to the performance of the inspection supervision, it is justifiably expected that the supervised entity shows resistance, or if such resistance is shown towards the inspector as well, preventing him or making it significantly difficult to perform the inspection supervision, the inspector may request assistance from the police and the communal police.
The police and the communal police provide assistance in line with the laws governing the police and the communal police.
II. TYPES AND FORMS OF INSPECTION SUPERVISION
Types of Inspection Supervision
Article 6
Inspection supervision, according to its type, may be regular, extraordinary, controlling and additional.
Regular inspection supervision is carried out according to the plan of the inspection supervision.
Extraordinary inspection supervision is carried out: when emergency measures need to be taken, in line with the scope of inspection, for the purpose of preventing or removing immediate dangers to human health and life, property, rights and interests of employees and work engaged persons, economy, environment, plant and animal life, public revenues, unhindered work of authorities and organizations, communal order or safety; when after adoption of the annual plan of the inspection supervision it is assessed that the risk is either high or critical or circumstances change; when such supervision is requested by the supervised entity; when acting upon the submission of a legal entity or natural person.
Extraordinary inspection supervision upon the request of a supervised entity, may be of ascertaining kind, when carried with the aim of ascertaining the fulfillment of the prescribed requirements, which once being met, the supervised entity acquires the right to commence the operation or performance of activities, conduct of activities or exercise a specific right, in line with a special law, or a confirming one, which is carried out when the supervised entity files a request for confirmation of the legality and the safety of conduct while exercising a specific right or performance of a specific obligation, i.e. its operation.
The controlling inspection supervision is carried out for the purpose of ascertaining that the measures which have been either proposed or imposed on the supervised entity within the regular or emergency inspection supervision have been executed.
Additional inspection supervision is carried out ex officio or upon request of the supervised entity, for the purpose of ascertaining the facts significant for the inspection supervision, and which have not been ascertained during the regular, extraordinary or controlling inspection supervision, whereas only one additional inspection supervision may be performed, within a period which may not exceed 30 days following the finalization of the regular, extraordinary or controlling inspection supervision.
Shapes of Inspection Supervision
Article 7
Inspection supervision, according to its shape, may either be on-site or in office.
On-site inspection supervision is carried out outside the official premises of the inspection, in situ comprises of the direct insight into the land, buildings, facilities, devices, premises, vehicles and other special-purpose means of transportation, objects, goods and other items, documents and files of the supervised entity.
Office inspection supervision is carried out in the official premises of the inspection, by insight into the documents, data and files of the supervised entity.
III. MONITORING, RISK ASSESSMENT, PLANNING, COMPLIANCE AND COORDINATION OF THE INSPECTION SUPERVISION
Article 8
The inspection collects the data and monitors and analyses the state of affairs in the field of inspection supervision which is within its scope.
Such tasks include the collection and analysis of data acquired with the aid of checklists, surveys and research of the public opinion and other direct collection of data, the data obtained from state bodies, bodies of the autonomous province and local government unit and other holders of public authority, statistical and other data, collection and analysis of the inspection, administration, court and business practice from the relevant area of the inspection supervision, and other related tasks.
Based on the determined state of affairs and risk assessment, the inspection prepares a plan of the inspection supervision, initiates the adoption, amendments and additions of the laws and other regulations, harmonizes and publishes the inspection practice, takes preventive activities and proposes to the state administration bodies, the bodies of the autonomous province and local government unit and other holders of public authority, the undertaking of activities and measures for which they have been authorized.
The bodies referred to in paragraph 3 of this Article shall cooperate with the inspection during the monitoring procedures.
The inspection shall publish a list of monitored entities on its web page, for which, based on the data obtained with the aid of the checklists, it determines that they achieved the highest degree of compliance of their operation and activities with the law and other regulation, as well as the list of monitored entities for which it determines that compliance of their operation and activities with the law and other regulations has not been achieved at all.
Article 9
Inspection supervision is based on risk assessment and is proportional to the assessed risk, so that the risk is effectively managed. Risk assessment is a part of the risk analysis process, which also encompasses risk management and risk notification.
Risk, according to its degree, may be insignificant, low, moderate, high and critical.
The inspection is not under the obligation to perform the inspection supervision when risk is assessed as insignificant.
Risk is assessed during the preparation of the inspection supervision plan and prior to and during the inspection supervision. When, during the realization of the annual plan of inspection supervision, circumstances change, based on which the risk has been assessed and the plan composed, the inspection harmonizes the risk assessment and the inspection supervision plan with the newly created circumstances.
Risk assessment during the preparation of the inspection supervision plan is carried out in such way that the inspection, during the monitoring and analysis of the state of affairs in the field of inspection supervision that is within its scope of activity, identifies the risks to the assets, rights and interests protected by the law and other regulation, that may arise from operation or actions of the monitored entity, and in line with the relevant criteria, assesses the severity of the damaging consequences and the probability of their occurrence, so that the assessed degree of risk is obtained.
Severity of the damaging consequences is assessed, starting from:
1) Nature of the damaging consequences, which stems from the type of operation or activity of the supervised entity, namely of the characteristics of the goods or products which the supervised entity places on market or the services rendered by the supervised entity, or actions that it takes, i.e. powers exercised within its operations or conduct, and in relation to the assets, rights and interests protected by the law and other regulation, and
2) Volume of the damaging consequences, primarily of the circle of persons using the goods, product or service, i.e. the circle of persons exercising certain rights within the supervised entity or in relation to the supervised entity, or the scope of the assets, rights and interests which are protected by law or other regulation and related to the operation or activity of the supervised entity or influenced by it.
The probability of occurrence of the damaging consequences is assessed starting particularly from previous operation and conduct of the supervised entity, including the latest determined state of affairs in term of the legality and safety of its operation and conduct. The probability of occurrence of the damaging consequences is assessed starting from: the Serbian standards and good practice rules which the supervised entity is applying; management system and internal supervision over the legality, regularity and safety of operation and conduct of the supervised entity, taking into account the risk management policy and various forms of internal supervision in the supervised entity, as well as the audit of financial reports of the supervised entity; state of affairs in the field within which its operation or activities are performed and anticipation of the future trends within it; internal and external expert, technical, technological and financial capacities of the supervised entity.
In addition to the risk assessment of the supervised entities, and in line with especially specified criteria, risk may also be assessed for certain territorial areas and other territorial and similar wholes (e.g. territorial units, areas and sub-areas, sections, etc.), facilities and groups of facilities, in line with the scope of work of the inspection and the needs for the performance of inspection supervision.
The Government prescribes the common elements of risk assessment in inspection supervision.
Special elements of risk assessment and the frequency of performance of inspection supervision, based on risk assessment, as well as special criteria referred to in paragraph 8 of this Article are prescribed by the minister in charge of the relevant field of inspection supervision, i.e. the holder of public authority performing the inspection supervision in a specific area.
Special elements of risk assessment and the frequency of performance of inspection supervision, based on risk assessment in the original jurisdiction of the autonomous province or local government unit, is prescribed by the competent body of the autonomous province and local government unit.
Article 10
The inspection supervision plan is based on the determined state of affairs in the field of inspection supervision and risk assessment. The inspection shall implement the inspection supervision plan, except when particularly justified exceptional circumstances exist which prevent it from doing so.
The inspection shall prepare a strategic (perennial) and annual plan of the inspection supervision. The inspection supervision annual plan is carried out through operative (semi-annual, quarterly and monthly) plans of the inspection supervision.
The inspection supervision plan, apart from the mandatory elements comprising the contents of the annual plan of operation of the state administration bodies, shall also contain: the frequency and the scope of performance of the inspection supervision, as per fields and at each degree of risk; overview of the supervised entities which shall be subject of inspection supervision, i.e. the operations or activities which shall be supervised, if it is not possible to determine the supervised entities or there are too many of them, along with adequate information significant for the performance of inspection supervision and determination of the entities which shall be subject to supervision; the territorial area where inspection supervision shall be performed; the assessed risk for the supervised entities, i.e. the operations or activities which shall be supervised or territorial area and other territorial and similar whole, facility and group of facilities; period in which the inspection supervision shall be performed; information on the shapes of inspection supervision which shall be performed; data on inspection resources which shall be allocated for the performance of inspection supervision.
The inspection supervision plan also contains: the planned measures and activities of preventive action of the inspection and the planned measures and activities for the prevention of operation and performance of activities of unregistered entities, the anticipated scope of emergency inspection supervisions in the period during which regular inspection supervision shall be performed, accompanied by appropriate rationales, as well as other elements significant for planning and performing the inspection supervision.
The inspection, depending on the organizational position within the system of the state administration bodies, prepares, i.e. defines the proposal of the inspection supervision plan in regard to which it obtains the opinion of the competent state administration bodies, or state administration bodies whose scope of activity is connected to the issues from the inspection supervision plan, ands well as the opinion, i.e. guidelines and instructions of the Coordinating Committee. The inspection submits to the Coordinating Committee the proposal of the annual plan of inspection supervision for the following year, which has been harmonized with the opinions of the competent state administration bodies, i.e. state administration bodies whose scope of activity is connected to the issues from the inspection supervision plan, by 15 October of the current year at the latest. Upon obtaining the opinion, i.e. the guidelines and instructions of the Coordinating Committee, the annual plan of the inspection supervision is adopted.
The inspection publishes the inspection supervision plan on its web page.
The minister in charge of the relevant field of inspection supervision, i.e. the holder of public authority who conducts the inspection supervision in a specific field prescribes the special elements of the plan of specific inspection supervision.
The competent body of the autonomous province and the local government unit prescribes the special elements of the plan of specific inspection supervision from the original jurisdiction of the autonomous province and the local government unit.
Harmonizing Inspection Supervision
Article 11
Increase of the comprehensiveness and the effectiveness of the inspection supervision and avoidance of the overlapping and unnecessary repetition of the inspection supervision are ensured through the mutual cooperation in defining the program of work and cooperation while carrying out the procedure of independent or joint inspection supervision.
Cooperation while carrying out the procedure of inspection supervision is achieved in particular if: a certain field or issue is subject to inspection supervisions by several inspections; when several inspections are needed to simultaneously perform inspection supervision in the same entity (joint inspection supervision); with the aim of preventing or removing immediate danger to human life and health, property of greater value, the environment or plant and animal life; with the aim of preventing operation and performance of activities of unregistered entities; when it has been assessed that in this way, supervision may be carried out more quickly and with less costs and time loss for the supervised entity and the inspectors.
The joint inspection supervision is carried out: with the aim of preventing or removing immediate danger to human life and health, property of greater value, the environment or plant and animal life; when risk to the supervised entity is high or critical; with the aim of undertaking emergency measures which cannot endure postponement; due to complexity of the inspection supervision or the significance of prevention or removal of illegalities, i.e. the harmful consequences; when more rapid supervision is thus gained, as well as cost savings and reduction in time losses both for the supervised entity and the inspector; with the aim of verifying the submission which is in the scope of work of two or more inspections; with the aim of preventing operation and performance of activities of unregistered entities which are in the scope of work of two or more inspections, and in other cases when this has been specified.
Coordination of the Inspection Supervision
Article 12
A more comprehensive and more effective supervision and avoidance of overlapping and unnecessary repetition of supervision, apart from harmonization in performance of the inspection supervision, carried out by the inspections is also provided by the Coordinating Committee, which is formed by the Government, as a coordinating body, in line with the law governing the state administration.
The tasks of the Coordinating Committee are as follows:
1) Monitor the achieved level of coordination of inspections, to initiate measures, define guidelines and provide instructions for the purpose of improving the coordination of inspections and effectiveness of inspection supervision, and to monitor their realization, and in particular:
(1) For the harmonization of the inspection supervision plans and the work of inspections,
(2) For the exchange of information during the performance of inspection supervision,
(3) For the improvement of inspection supervision, based on the information from the annual report on the work of inspections,
(4) For the development of a functional, joint information system for the purpose of effective performance of inspection supervision;
2) Consider and provide opinion on the draft laws and proposals of by-laws governing the issues of the inspection supervision;
3) Consider opinions, directives, methodology materials and handbooks for the work of the inspection, to analyze the practice of the inspection supervision and to issue opinions for the purpose of standardizing the conduct of the inspection in the same or similar situations towards all supervised entities, and to publish such opinions;
4) Take part in the analysis of financing needs, technical equipment and professional development of inspectors, as well as in the definition of programs of professional development of inspectors, and to submit initiatives to the competent authorities which relate to financing, technical equipment and training programs and other forms of professional development of inspectors;
5) Provide expert opinion on the proposals of checklists, as well as their amendments and additions;
6) Publish, on its internet page, the regulations, files and documents relating to the inspection supervision;
7) Upon inquiry of interested parties, to provide notifications relating to the jurisdiction of inspections, within the term of seven business days at the latest;
8) Depending on the need, to submit reports to the Government and to give proposals for undertaking measures within its jurisdiction;
9) Perform other tasks stipulated by this Law and the tasks stipulated by the decision on establishment.
The inspections shall abide by the guidelines and the instructions referred to in paragraph 2, item 1) of this Article.
A member of the Coordinating Committee, who does not agree with these guidelines and instructions, may file a motion to the Government to take a stand regarding this issue.
The tasks referred to in paragraph 2, item 1), sub-item (4) of this Article are performed by the Coordinating Committee in cooperation with the state administration body competent for the tasks of electronic administration, which performs expert tasks and tasks of the state administration relating to the establishment and maintenance of a functional, joint information system for the purpose of effective performance of inspection supervision.
The expert and administrative and technical tasks, for the needs of the Coordinating Committee, are performed by the ministry in charge of state administration, within which an internal organizational unit is formed, in charge of supporting the Coordinating Committee.
Working groups and expert teams are formed within the Coordinating Committee, for a specific area, i.e. specific issues of the inspection supervision. A working group, i.e. the expert team is managed by a member of the Coordinating Committee, and the representatives of inspections may participate in the operation of the working group, i.e. expert team unless they have members in the Coordinating Committee, among holders of public authority, associations, chambers and other associations, scientific and educational institutions, as well as other organizations whose operation is connected to the system and the operations of the inspection supervision.
The Coordinating Committee is authorized to request the data, notifications, documents and reports which are necessary for the performance of its operations and tasks from the competent state bodies, bodies of the autonomous province and local government units and other holders of public authority, who are obliged to submit them to the Committee in a timely manner.
The Coordinating Committee adopts its rules of procedure.
The Coordinating Committee delivers guidelines and instructions referred to in paragraph 2, item 1) of this Article to the head of the administration district for the purpose of performing operations within its scope, in respect to the improvement of coordination of inspections and effectiveness of the inspection supervision.
The republic inspection carries out the coordination of the activities of inspection supervision from the scope of the republic inspection, entrusted to the autonomous province and the local government unit, by exercising powers in the performance of supervision of operations specified by the law governing the state administration.
A competent body of the autonomous province and a body of the local government unit renders a decision to appoint a body, an internal organizational unit or body to coordinate the inspection supervision over the tasks from their original jurisdiction.
In order to achieve the objectives referred to in paragraph 1 of this Article, in accordance with Article 5, paragraph 2 of this Law and the forms of cooperation laid down by the regulations on state administration and special laws, cooperation is realized between the Coordinating Committee, bodies, internal organizational units and bodies referred to in paragraph 11 of this Article and the state administration bodies, bodies of the autonomous province, bodies of the local government units and other entities holding public authority that perform other forms of supervision and control, in terms of Article 2, paragraph 2 of this Law.
IV. PERFORMANCE OF INSPECTION SUPERVISION
Article 13
The inspection shall act preventively for the purpose of achieving the objective of inspection supervision.
Preventive action of the inspection is realized through the transparency of its work, and in particular: by publishing the applicable regulations, inspection supervision plans and checklists; by informing the public of the amendments to the regulations and rights and obligations of the supervised entities stemming from them; by informing the public of the findings of the inspection regarding the existence of serious risk to human life and health, property of greater value, the environment or plant and animal world, and of the measures and actions taken so as to remove or mitigate such risk; by providing professional and counseling support to the supervised entity or person exercising certain rights within the supervised entity or in relation to the supervised entity, including the issuance of by-laws on implementation of regulations and official counseling visits; by undertaking preventive inspection supervisions and other activities aimed at encouragement and support of legality and safety of operation and conduct, and preventing occurrence of damaging consequences to the assets, rights and interests protected by the law and other regulation, especially when it has been determined that early signs of probability of their occurrence exist.
The supervised entity may request preventive action even when the inspection supervision procedure is ongoing and independently of its course, and the inspection shall act upon such request at the latest within the term of 15 days from the date of its receipt or inform the supervised entity of the reasons for failing to act upon the request.
Severe risk referred to in paragraph 2 of this Article is a risk requiring urgent action of the inspection and other competent bodies and organizations, for the purpose of preventing the occurrence of damaging consequences to human life and health, property of greater value, the environment or plant and animal life, including the risks whose damaging consequences are neither instant nor immediate. The information regarding the findings of the inspection on severe risk to human life and health, the environment or plant and animal life are the information of public importance, in accordance with the law governing the information of public importance, and may not represent a business secret. The information on the measures and actions taken by the supervised entity, in order to remove or mitigate the risk, may represent a business secret, in accordance with the provisions of the law governing the protection of a business secret.
The provisions of this Law pertaining to the inspection supervision procedure do not apply to the official counseling visits.
The inspection shall prepare an official note of the official counseling visit, wherein it enters important facts and circumstances of this visit.
Should the inspection, during the official counseling visit, discover an omission, deficiency or irregularity in the operation or conduct of the entity where the visit is held, it shall, within the term of eight days after such visit, prepare and deliver to this entity, a letter containing recommendations for this entity as to how such an omission, i.e. deficiency or irregularity may be corrected or how legal and safe operation and conduct may be secured, and within what deadline this should be done. The letter containing recommendations has the legal nature of the regulation implementation by-law.
The entity referred to in paragraph 7 of this Article informs the inspection as to whether and in what manner has it acted upon these recommendations, within the deadline specified in the letter. Failure to act upon these recommendations, as well as failure of this entity to inform the inspection on the actions taken in line with these recommendations, may, pursuant to the risk assessment, represent a reason to initiate the inspection supervision.
In the case referred to in paragraph 7 of this Article, the inspection does not impose measures aimed at the supervised entity and, if the omission, deficiency or irregularity is deemed as a misdemeanor in line with the law or other regulation, it does not file a motion for initiation of misdemeanor proceedings, i.e. it does not issue a misdemeanor warrant. However, if the noticed omission, deficiency or irregularity are of such nature that it is necessary, in line with the scope of work of the inspection, to take urgent measures for the purpose of preventing or removing immediate danger to human life and health, property, rights and interests of employees and work engaged persons, economy, the environment, plant and animal life, public revenues, unhindered operation of bodies and organizations, communal order and safety, as well as when high or critical risk has been assessed, the inspection initiates and conducts a procedure of extraordinary inspection supervision, with powers and obligations in line with the law, and notifies the supervised entity thereof, without delay.
The official counseling visits may not be paid to the unregistered entity. If during such visit, the inspection determines that the visited entity is an entity referred to in Article 33, paras. 2 and 3 of this Law, the inspection initiates and conducts a separate procedure against the unregistered entity referred to in Article 33 of this Law, with powers and obligations in line with the law, and notifies this entity thereof, without delay.
Article 14
The inspection shall prepare checklists within its field of inspection supervision, publish them on its web page and apply them in the procedure of regular inspection supervision.
The inspector, acting within the limits of the subject matter of inspection supervision, based on the warrant for inspection supervision, shall undertake those verifications and other actions which are contained in the checklist. Other verifications and actions, for which he has been authorized, the inspector may undertake, if, during supervision, he determines that it is necessary for them to be taken for the purpose of absolute definition of the factual situation and legal and safe operation and conduct, and only when these verifications and actions are imposed by the reasons for preventing or removing immediate danger to human life and health, the environment or plant and animal life. If he determines that, apart from that, an illegality exists, which requires for emergency measures to be taken, in line with the scope of work of inspection and for the purpose of preventing or removing immediate danger to other assets, rights and interests referred to in Article 6, paragraph 3 of this Law and protected by the law and other regulation, or if he assesses that a risk exists, which is not mentioned in the checklist, which is either high or critical - the inspector initiates an extraordinary inspection supervision.
The contents of the checklist and the facts acknowledged in it shall be certified by the inspector’s signature and that of the supervised entity, i.e. a person present.
When necessary, and at least twice a year, the inspection shall re-examine the contents of the checklist, and should it deem justified, it shall amend and supplement it.
The supervised entity may submit to the inspection a report on self-verification of fulfillment of requirements from the checklist and risk self-assessment, which have been carried out according to the contents of the checklist and the rules of risk assessment. Along with this report, the supervised entity supplies the inspection with the appropriate documentation or other material (photographs and other), supporting the report findings.
Collection of Data Significant for the Performance of Inspection Supervision against a Specific Entity of Supervision
Article 15
Prior to the beginning of the inspection supervision, the inspector collects the data on previous inspection supervisions against the supervised entity and other data significant for the upcoming supervision, via the information system and other databases, as well as through direct knowledge and gathering of information and in other appropriate manner.
The inspector shall, ex officio, obtain the public documents and data from the records, i.e. the registers maintained by the competent state bodies, bodies of the autonomous province and bodies of the local government units and other holders of public authority, which are necessary for the inspection supervision. These bodies and other holders of public authority shall supply the inspection, in a timely manner, with these public documents and data.
Inspection Supervision Warrant
Article 16
The inspection manager or a person he authorizes issues an inspection supervision warrant in written form.
The inspection supervision warrant contains the following: the inspection data; data on the inspector or inspectors who perform the inspection supervision, with numbers of the official identification documents; data on the inspector or inspectors who are replacing them in case of unavailability; data on the supervised entity, if available, and if such data is not available - appropriate available information significant for the definition of entity, or entities where the supervision shall be performed (e.g. the type of business or activity, territorial area, location of facility, type of goods or products, i.e. services, etc.); legal ground for the inspection supervision; specification and brief explanation of the type and form of inspection supervision; assessed risk; precise and clear description of the subject matter of inspection supervision; planned duration of the inspection supervision (day of beginning and ending of supervision); reasons for exclusion of notification, if any; number, time and place of issue; signature of the warrant issuer; seal.
When performing the inspection supervision, the inspector is bound by the contents of the warrant, or the defined subject matter of the inspection supervision, except in case the inspection supervision is performed against an unregistered entity - when inspection supervision is performed even without a warrant and within the boundaries of the subject matter which the inspector determines during the course of the inspection supervision.
If, during the course of the inspection supervision, the inspector discovers an illegality which is beyond the limits of the subject matter of inspection supervision, defined by the warrant, but is in close relation to the subject matter, the inspector obtains a supplement of such warrant for inspection supervision (additional warrant), upon which the procedure shall continue. Within the motion for issuing an additional warrant, the inspector explains the close relation with the subject matter of supervision and the need for the issuance of the additional warrant. Prior to seeking the additional warrant, the inspector secures the evidence if justified fear exists that certain evidence may not be produced at a later stage or that its production shall be made difficult.
The additional warrant referred to in paragraph 4 of this Article is not required in case when urgent measures need to be taken for the purpose of preventing or removing immediate danger to human life and health, the environment or plant and animal life, which is separately explained in the minutes of inspection supervision.
The inspection supervision warrant may also be supplemented when it is necessary to increase the number of inspectors who perform the supervision and to extend the duration of supervision.
If, during the course of inspection supervision the inspector discovers an illegality which is beyond the limits of the subject matter of inspection supervision defined by the warrant, but is not in close relation to the subject matter, whereas all requirements for extraordinary inspection supervision have been met, in line with Article 6, paragraph 3 of this Law, the inspector in charge of that supervision, which is beyond the limits of the defined subject matter, obtains a separate warrant for extraordinary inspection supervision. In the motion for issuing a separate warrant, the inspector explains the need for issuing such a warrant. Prior to seeking a separate warrant, the inspector secures the evidence, if justified fear exists that certain evidence may not be produced at a later stage or that its production shall be made difficult.
The warrant is issued for regular, extraordinary and additional inspection supervision, whereas the extraordinary and additional inspection supervision is possible even without the inspection supervision warrant, i.e. without the additional or a separate warrant referred to in paras. 4 and 7 of this Article, when reasons for preventing or removing immediate danger to human life and health, the environment, or plant and animal life, require so, which is explained in the minutes of inspection supervision.
A warrant is not issued for control inspection supervision.
Notification of the Upcoming Inspection Supervision
Article 17
The inspector informs the supervised entity, in written form, of the upcoming inspection supervision, at the latest three days prior to the commencement of supervision.
The notification also contains the web page data where the checklist is available.
In case the inspector is unable to perform the on-site inspection supervision at the time specified in the notification, he informs the supervised entity thereof, in a timely and appropriate manner.
Notwithstanding paragraph 1 of this Article, the inspection supervision may commence without notifying the supervised entity of the upcoming supervision, when reasons for immediate action exist or justified fear that a notification would mitigate the achievement of the objective of the inspection supervision or when this is needed for the purpose of protection of public interest, i.e. the removal of danger to human life and health, property, rights and interests of employees and other work engaged persons, economy, the environment, plant or animal life, communal order or safety, and in compliance with the scope of work of inspection, whereas the reasons for exclusion of notification are to be stated in the inspection supervision warrant.
In case when a warrant for inspection supervision has not been issued, the reasons for exclusion of notification are entered into the minutes.
Initiation of Inspection Supervision Procedure
Article 18
The inspection supervision procedure is initiated and performed ex officio or upon request of the supervised entity for the performance of inspection supervision, as well as upon request of another person, whose presence as a party in the procedure has been acknowledged by a special law.
When assessing the existence of the reasons for initiating the procedure ex officio, the inspector takes into account the submissions.
The submissions have the effect of an initiative for initiating the procedure, and the applicants of such initiatives do not have the capacity of a party in the procedure which may be initiated based on that initiative.
The inspector shall not initiate the procedure ex officio based on a submission if a minor risk has been assessed or if it is a matter of abuse of rights.
When an inspector determines that the conditions for ex officio initiation of procedure, in accordance with paragraph 4 of this Article, do not exist, he shall inform the applicant thereof as soon as possible, and at the latest within 30 days from the day of receipt of submission.
Upon request of the applicant, the inspector informs the applicant how the submission has been dealt with, at the latest within the term of 15 days from the day of receipt of the request, as for the outcome of the initiated extraordinary inspection supervision procedure - at the latest within the term of 15 days from the day the procedure ended.
The inspection supervision commences, once the inspector serves the warrant for inspection supervision on the supervised entity, i.e. the present person.
Should the supervised entity, i.e. the present person refuse the serving of the inspection supervision warrant, it is deemed that the inspection supervision commences by presentation of the warrant and demonstration of its contents to the supervised entity, i.e. the present person.
When the, in line with the law, inspection supervision warrant has not been issued, the inspection supervision commences with the first action the inspector takes with that purpose.
Time of Inspection Supervision
Article 19
The inspection supervision over the supervised entity which is a legal person, sole trader or other organizational form, through which natural or legal persons perform their operations or activities, is conducted during business hours of that supervised entity.
Exceptionally, the inspection supervision is also possible after business hours of the supervised entity referred to in paragraph 1 of this Article: when the reasons for immediate action exist; when the risk is high or critical; when it is necessary for emergency measures to be taken for the purpose of preventing or removing immediate danger to human life and health, the environment or plan and animal life.
The inspection supervision over the supervised entity which is a natural person is carried out at the time appropriate for the purpose of performance of inspection supervision.
Rights and Obligations of the Supervised Entity
Article 20
The supervised entities have equal rights and obligations in regard to inspection supervision, which include the right of the inspection to equally treat all of the supervised entities, either in the same or significantly similar situations.
During the inspection supervision procedure, the supervised entity is entitled to the following: to be informed about the subject matter and duration of the procedure, the inspection supervision warrant and other legal instruments adopted during the procedure; to be informed about the rights and obligations which it has in regard to inspection supervision; to declare in regard to the facts significant for complete and correct determination of the factual situation and the offered evidence; to participate in the presentation of evidence, to pose questions to the witnesses and expert witnesses, to present facts significant for the inspection supervision; to propose evidence and make legal statements; to request preventive action; to warn the inspector of the secrecy of information made available to him; to point to illegalities within the procedure and to request their removal; to request reimbursement of damages which have been caused by an illegal inspection supervision.
In case several inspections perform a joint supervision, the supervised entity is entitled to withhold from the inspector the data and statements which it has once given to one of the inspectors in that supervision.
The supervised entity is entitled to withhold from the inspector the data and statements regarding the subject matter of the previously performed supervision, except when these data have changed in the meantime, as well as when giving data is necessary for the purpose of taking urgent measures, for the purpose of preventing or removing danger to human life and health, the environment or plant and animal life.
When properly informed of the upcoming inspection supervision, the supervised entity shall be present at the location of supervision performance, except when especially justified circumstances exist which prevent it from doing so, of which it shall inform the inspection, in a timely and appropriate manner.
If the supervised entity which has been properly informed of the upcoming inspection supervision, fails to be present at the location of supervision, and the circumstances referred to in paragraph 5 of this Article do not exist, the inspection supervision is carried out in the presence of an official or other person found at the location of inspection supervision.
The supervised entity shall enable the inspector, who produces an official identification document and serves the inspection supervision warrant, if issued, i.e. who acts in line with Article 18, paras. 8 and 9 of this Law, to conduct unhindered inspection supervision, which in particular implies the following: to make available the appropriate business premises for on-site supervision; to provide insight into the ledgers, by-laws and individual rulings, records, reports, contracts, private documents and other documentation of the supervised entity, significant for inspection supervision, and in the form in which it holds them and maintains them; to enable access to the location, land, buildings, business and other non-residential premises, facilities, devices, equipment, tools, vehicles and other special-purpose means of transportation, other work instruments, products, objects put on the market, goods in market, and other objects used to conduct business or perform the activities, as well as other objects significant for the inspection supervision; to provide, in a timely manner, complete and accurate available data, and in case something of the above is not feasible - to explain the reasons thereof, to the inspector, in written form.
The supervised entity shall, upon request of the inspector, make his comments on the subject matter of inspection, orally, or in writing.
The supervised entity shall respect the integrity and the official capacity of the inspector.
The supervised entity also has other rights and obligations stipulated by this and other law.
Fact-determining Powers of the Inspector
Article 21
For the purpose of determining facts, the inspector is authorized:
1) To inspect the public documents and data from the registers and records maintained by the competent state bodies, bodies of the autonomous province and bodies of the local government unit and other holders of public authority if required for the inspection supervision, and if he was unable to obtain them ex officio, and copy them, in line with the law;
2) To inspect the personal or other public document with a photograph which is suitable to identify the authorized persons of the supervised entity, other employees or work engaged persons, natural persons who act as the supervised entities, witnesses, officials and interested parties, as well as natural persons found at the place of supervision;
3) To get written and oral statements from the supervised entities - natural persons and representatives, i.e. the authorized persons of the supervised entity - legal person and other employees or work engaged persons, witnesses, officials and interested parties, and to summon them to give statements on the issues significant for the inspection supervision;
4) To order to have available to him for inspection, within a specified deadline, all the ledgers, by-laws and individual rulings, records, contracts and other documentation of the supervised entity, significant for inspection supervision, and in the form in which the supervised entity owns and keeps them;
5) To perform an inspection, i.e. examine and check the location, land, buildings, business and other non-residential premises, facilities, devices, equipment, tools, vehicles and other special-purpose means of transportation, other work instruments, products, objects put on the market, goods in market and other objects used to conduct business or perform activities, as well as other objects significant for the inspection supervision;
6) To take necessary samples for the purpose of their examination and determining the factual situation, in line with the special law and regulations adopted pursuant to the law;
7) To take photographs and make a video record of the premises where the inspection supervision is being performed, along with other items which are subject to inspection;
8) To take other actions for the purpose of determining the factual situation in line with this and the special law.
In case the supervised entity conducts business through internal organizational units which are located on different addresses, the inspection supervision, in regard to the common elements of operation or actions and internal rules, by-laws and processes of the supervised entity, is carried out by the inspection that has jurisdiction according to the location of headquarters of that supervised entity.
When performing the inspection supervision against an organizational unit of the supervised entity referred to in paragraph 2 of this Article, the inspection competent for the inspection supervision of the operation of the organizational unit shall obtain the data and information on the common elements of operation or conduct, internal rules, by-laws and processes of this entity from the inspection that has jurisdiction according to the location of the headquarters of that supervised entity.
In case of uneven conduct of the inspection or several inspections, involved in the performance of inspection supervision, towards the organizational units of the supervised entity referred to in paragraph 2 of this Article, this entity, i.e. the inspection may request a by-law for application of regulations from the competent authority or organization.
The inspector ensures that the exercise of his powers does not obstruct the regular work process, i.e. the performance of operation and activities of the supervised entity.
The supervised entity confirms, with its seal and signature, that the copies and the originals of the documentation of the supervised entity are identical.
The minister in charge of the appropriate field of the inspection supervision, i.e. the holder of public authority performing the inspection supervision in a specified field, is authorized to define in more detail the conditions and manner of taking and examining samples.
Inspection in Residential Premises
Article 22
For the purpose of determining facts, the inspection shall obtain a written warrant from the competent court if intending to perform an inspection in residential premises or other premises which have the same, similar or related purpose (hereinafter referred to as: residential premises) except when inspection is performed upon request or with explicit written consent of the owner or the user, i.e. the holder of residential premises, which may also be given in situ. The consent may also be oral, when emergency measures need to be taken for the purpose of preventing or removing danger to human life and health, property of greater value, the environment or plan or animal life, which is separately explained in the minutes.
Notwithstanding paragraph 1 of this Article, in case when emergency measures need to be taken for the purpose of preventing or removing danger to human life and health, property of greater value, the environment or the plant or animal life, if the source of damage exists which originates from residential premises, and the owner or the user, i.e. the holder of the residential premises is unknown, unavailable, absent for a longer period of time or has deceased, and the estate has not been distributed, the inspection shall inform other authorities and organizations, without delay, for the purpose of urgent undertaking of actions and measures within their jurisdiction and files a motion to the court to issue an order for the performance of inspection in residential premises, while explaining in the motion, and separately, in the minutes, the reasons for such conduct.
The inspection files a written motion for issuing the order for performance of inspection in residential premises to the basic court.
The motion referred to in paragraph 3 of this Article, shall contain the following: designation and description of the residential premises; designation of the inspection which would perform the inspection; the purpose of performing the inspection; the conditions under which the inspection needs to be performed, including the assistance of police; the facts which need to be proved by performance of inspection; actions which need to be carried out during the inspection; reasons due to which it is deemed that the inspection needs to be performed; anticipated duration of inspection. A warrant for search of residential premises and the objects within it may also be requested by the motion.
The court may request from the inspection, which has filed the motion, additional explanations and evidence, so as to determine the merits and the completeness of such motion.
The procedure for issuing the order is urgent. The court decides on the complete motion, without delay, and at the latest within the term of 48 hours from the filing of the complete motion.
The court decides on the motion for issuing the order according to the rules of the civil procedure for securing evidence.
The court allows the search of the residential premises when reasonable doubt exists: that illegal operations or activities are carried out within such premises or that they are carried out in contravention to the regulations; that objects, animals or other items are kept within it, contrary to the regulations; that an unregistered entity is conducting business within the residential premises; that, during inspection, other illegalities shall be discovered, which require emergency measures to be taken for the purpose of preventing or removing danger to human life and health, property of greater value, the environment or plant or animal life.
The court allows the search of the residential premises and the objects in it, when reasonable doubt exists that the research shall discover the object or traces which could be significant for the proceedings.
The order contains the following: the name of the court which allowed the inspection; designation and description of the residential premises where the inspection is being performed; designation of the inspection which has been allowed to perform the inspection; the purpose of inspection; the conditions under which the inspection shall be performed, including the assistance of the police; the facts which need to be proved during the performance of inspection; actions which need to be performed during the inspection; reasons due to which it is deemed that the inspection needs to be performed; anticipated duration of inspection; search warrant for residential premises and the objects in it - when this is allowed; other data relevant for the performance of inspection.
The inspection is authorized to commence the inspection in the residential premises, at the latest within the term of eight days from the day the order is issued.
The inspection in residential premises is performed in the presence of two adults in the capacity of witnesses and is limited to the part which achieves the purpose of supervision. The owner or the user, i.e. the holder of residential premises is entitled to be present at the performance of inspection in residential premises, either in person, or through his proxy.
Exceptionally, the inspection may commence even in the absence of persons referred to in paragraph 12 of this Article, when this is necessary for the purpose of removing direct and serious danger to people or property, which shall be separately explained in the minutes.
Article 23
Third parties shall allow access to the inspector to business premises and other non-residential premises, land or facility which they own or use, or hold, when there is a probability that the supervised entity is either conducting business or performing activities within it or on it, or that objects significant for the inspection supervision are located there, as well as crossing over the land or through premises for such purposes. Should the third parties fail to allow inspection supervision, the inspector is entitled to the same powers towards them as towards the supervised entity.
Third parties, who have at their disposal evidence and other data necessary for the inspection supervision, shall provide them to the inspector and enable him to hear the witnesses, within the term of three days from the inspector’s request.
Temporary Confiscation of Objects for the Purpose of Securing Evidence
Article 24
During the procedure of the inspection supervision the inspector temporarily confiscates the documentation, goods and other objects, i.e. their appropriate part, if, pursuant to a special law, their confiscation has been prescribed for the purpose of securing evidence within the proceedings relating to crime, corporate offence or misdemeanor, or in other appropriate legal proceedings, in the manner, under conditions and within a term stipulated by that law. The inspector treats the confiscated objects in line with the special law.
In cases when special law does not prescribe temporary confiscation of objects, the inspector is authorized to temporarily confiscate them in the inspection supervision procedure for the purpose of securing evidence in this procedure, when justified fear exists that some evidence may not be produced at a later stage or that its production shall be harder, under the condition that the nature of the object is such that its confiscation is necessary for the presentation of evidence.
The inspector issues a certificate to the supervised entity, on the object in the procedure of inspection supervision, which contains the data on the supervised entity, time and place of confiscation of the object, legal basis of object confiscation, objects precisely defined by type, quantity and other characteristics relevant for identification, signature of the supervised entity, or authorized person of the supervised entity, i.e. acknowledgement that the person has refused to sign the certificate, along with the inspector’s name, surname and signature.
The inspection ensures the safekeeping of the temporarily confiscated objects.
The inspection shall not dispose with the temporarily confiscated objects, unless it has been otherwise specified by this or other law.
In case the confiscated objects are perishable or animals prone to dying or if the costs of safekeeping of such objects are significant, the inspector shall order their sale, if these objects meet the prescribed requirements to be put on the market, and inform thereof the authority, i.e. the organization competent for administering the relevant proceedings. The inspector makes a video footage or a photographic record of these objects.
The proceeds of sale are deposited until the decision of the competent authority.
The objects referred to in paragraph 6 of this Article, which cannot be sold, or put on the market , or used due to health, veterinary, phytosanitary, safety or other reasons prescribed by the law, are destroyed under the supervision and in line with the regulations.
The costs of destruction are borne by the owner of the object, and if he is unknown or unavailable, the costs of destruction are borne by the inspection. The inspection is entitled to reimbursement of such costs from the owner of the object, once he has been identified or becomes available.
Measures Aimed at the Supervised Entity and Their Proportionality
Article 25
The inspector may impose an administrative measure against the supervised entity, moreover a preventive one, a measure aimed at removing illegality, a special measure of order, ban or confiscation or a measure for the protection of rights of third parties.
The inspector imposes those measures which are proportional to the assessed risk and discovered or probable illegalities and damaging consequences, so that the risk is effectively managed and those that achieve, in the most favorable manner for the supervised entity, the objective and the purpose of the law and other regulation.
The inspector shall ensure that the measures referred to in paragraph 2 of this Article are proportional to the economic power of the supervised entity; that their damaging consequences are reduced to the least possible level, and that sustainable operation and development of the supervised entity is continued.
Article 26
The inspector issues a writ to impose appropriate preventive measures if this is deemed necessary so as to prevent the occurrence of illegalities and damaging consequences.
The preventive measures are as follows:
1) Warning the supervised entity of its obligations stemming from the law and other regulations, as well as of the prescribed actions and measures aimed at the supervised entity and sanctions for acting contrary to such obligations;
2) Indicating to the supervised entity to the possibility of occurrence of damaging consequences of its operation or actions;
3) Instructing the supervised entity to take or refrain from specific actions for the purpose of removing the causes of probable damaging consequences, as well as the appropriate precautionary measures for the purpose of preventing the occurrence of possible damaging consequences;
4) Other measures which achieve the preventive role of the inspection supervision.
The preventive measures may also be imposed on an unknown subject of the inspection supervision.
A preventive measure may not be imposed on an unregistered entity.
Measures for Removing Illegalities
Article 27
In case an illegality has been discovered, either in operation or actions of the supervised entity, the inspector indicates to it such an illegality and warns it of it, in line with the authorizations prescribed by a special law, instructs or proposes measures and provides an appropriate deadline for the removal of illegalities and damaging consequences and fulfillment of prescribed obligations, and enters that into the minutes of inspection supervision.
The supervised entity shall inform the inspector in written form, as to whether it has taken the imposed, i.e. proposed measures within the given deadline, removed the illegality and damaging consequences and fulfilled the prescribed obligations, and if so - the inspector ends the procedure in line with Article 37, paragraph 2 of this Law.
For the purpose of determining whether, in a timely manner, the instructed, i.e. proposed measures have been taken and the illegality and the damaging consequences have been removed and the proposed measures fulfilled, the inspector is authorized to request from the supervised entity to provide the documentation, i.e. other material (photographs and similar) along with the notification referred to in paragraph 2 of this Article, based on which it is obvious that the determined illegality and its damaging consequences have been removed, and the prescribed obligations fulfilled.
Should the supervised entity, within the given deadline, fail to take the instructed, i.e. proposed measures, fail to remove the illegality and the damaging consequences and to fail to fulfill the prescribed obligations, the inspector shall issue a writ imposing measures for the removal of illegalities and damaging consequences and the fulfillment of the prescribed measures.
The inspector may, without delay, issue a writ imposing a measure for the removal of illegality, without prior indication to illegality and provision of the deadline for removal of the illegality and damaging consequences and the fulfillment of prescribed obligations, if this is due to the necessity of taking urgent measures for the purpose of preventing or removing immediate danger to human life and health, the environment or plant or animal life.
The inspector may simultaneously impose multiple measures for the removal of illegalities.
Special Measures of Order, Prohibition and Seizure
Article 28
Should the supervised entity fail to remove the illegality within the given deadline, the inspector is authorized to issue a writ and impose a measure which, until the removal of illegality, prohibits the supervised entity to operate and perform activities or seizes the documentation, goods and other objects which served the supervised entity to violate the regulations or have originated from such violations.
The inspector is authorized to, without providing a deadline for the removal of illegality, impose a measure of prohibition of operation or performance of activities or seizure of objects or documentation if it is necessary, in accordance with the scope of inspection, to take the urgent measures for the purpose of preventing or removing immediate danger to human life and health, property of greater value, rights and interests of employees and work engaged persons, economy, the environment, plant or animal life, public revenues of greater value, unhindered operation of authorities and organizations, communal order, or safety.
The inspector who prohibits the operation or performance of activities is entitled to order for the sealing of the business and production premises, facilities and other premises of the supervised entity, where operation or activities are being performed, or which serve for such purpose, as well as the facilities, devices, equipment, tools, work instruments and other objects used to conduct business or perform activity.
The inspector may also impose some other special measure of order, prohibition or seizure (e.g. measure of withdrawal or recall of products, measure of limitation, measure of object destruction, measure of building removal, etc.), when this is specified by special law.
Measures for the Protection of Third-Party Rights
Article 29
In case the supervised entity has, by violating the law or other regulation, impeded the realization, or breached the rights or the legal interests of third parties, the inspector shall introduce the third parties, upon their request, with his findings, imposed measures, and other information relevant for the realization of their rights.
If deemed necessary, for the purpose of protecting the rights or legal interests of third parties, the inspector may adopt a conclusion, whereby his writ or its summary is displayed for a definite period of time in a visible place in the business premises of the supervised entity or at their entrance, in public media, on its web page or in other manner, at the expense of the supervised entity, taking into account the legal protection of third parties, the cost-effectiveness and publicity of notification.
Conduct of Inspection in regard to Operation or Activities of the Supervised Entity Which is within the Scope of another Inspection
Article 30
Should the inspector determine that the supervised entity has violated the law or other regulation, the application of which is supervised by another inspection, he shall, according to his knowledge and experience, prepare the minutes of the situation he has encountered, which he forwards, without delay, to the inspection in whose scope is the operation or activity performed by the supervised entity, as well as to the other competent authority and the Coordinating Committee, for the purpose of taking actions and measures within the scope of that inspection, i.e. performance of the joint inspection supervision or cooperation in performance of tasks.
The inspector, who encounters an unregistered entity conducting a business or performing an activity from the scope of another inspection, informs about the encountered situation, without delay, the tax inspection and the inspection in whose scope is the operation or activity performed by the unregistered entity, as well as other competent authorities.
The inspector who has noticed that, in regard to the performance of operation or activities of the supervised entity which falls within the scope of another inspection, urgent measures need to be taken for the purpose of preventing or removing danger to human life and health, property of greater value, the environment or plant or animal life, informs about the encountered situation, without delay, the inspection in whose scope is the operation or activity carried out by the supervised entity belongs, and the emergency situations department within the Ministry responsible for internal affairs, which take appropriate actions and measures for preventing the occurrence of damaging consequence.
Immediately upon notification referred to in paras. 2 and 3 of this Article, the inspector makes an official note on the encountered situation and the notifications made.
Article 31
The regulation application by-law is issued and published on the web page by the inspection, i.e. the competent authority or organization or organizational unit, upon its own initiative or upon request of a natural or legal person, within the deadline for the provision of opinion, determined by the law governing the state administration.
The supervised entity, which has acted pursuant to the regulation application by-law, may not be, in regard to the subject matter of the regulation application by-law, imposed with a measure aimed at the supervised entity.
Exceptionally, and in such a case, a measure may be imposed aimed at the supervised entity in the following cases:
1) If, upon issuing the regulation application by-law, the regulation has been amended so that the subject matter of the regulation application by-law is differently governed, and the notification on the amendment to the regulation has been published on the web page;
2) If the regulation application by-law has been incorrect, and the inspection or other competent authority or organization which has issued the regulation application by-law informs this person about it, whereby from the moment of notification until the commencement of the inspection supervision procedure there has been sufficient time for this person to remove the illegality occurred due to the incorrect regulation application by-law;
3) If the imposition of measures is necessary for the purpose of preventing or removing danger to human life and health, the environment or plant or animal life, whereas in such a case, the person is entitled to indemnification of incurred damage;
4) If the inspection determines that the supervised entity is - an unregistered entity.
In case the regulation application by-law has been prepared by other authority or organization or organizational unit, which are, according to the other regulation, competent for providing expert explanations on the application of a certain regulation, and the inspector determines or believes that the regulation application by-law is incorrect, he informs thereof the competent authority, the organization or organizational unit which has prepared the subject by-law.
Within the proceedings administered before the court or other authority for an act punishable by law or other regulation, against a person who has acted pursuant to the regulation application by-law, it is deemed that this person has made an error iuris, except where the conditions referred to in paragraph 3, items 1), 2) and 4) of this Article have been met.
The burden of proof that the person referred to in paragraph 5 of this Article has not made an error iuris is borne by the opposing party.
Inspection Supervision of an Unknown Entity and in case of an Unknown Authorized Person of the Supervised Entity
Article 32
The inspector who cannot determine who is the supervised entity or the authorized person of the supervised entity, leaves, at the place of supervision, a summons to the entity, or the person, to attend the inspection supervision on a specific day and at a specific hour.
Later damage, destruction or removal of summons does not have an effect on the validity of service.
In case an unknown entity or authorized person fails to respond to this summons, the inspection supervision is performed in the presence of an official or other person found at the place where the inspection supervision is performed.
The inspector shall display the writ whereby he imposed the measures for removal of illegalities, in a visible place on the building or object which was the subject of inspection supervision, whereby it is deemed that proper service has been performed, which is acknowledged in the minutes of inspection supervision.
Special Proceedings against the Unregistered Entity
Article 33
An unregistered entity is a supervised entity and the inspection supervision is administered against it and the provisions of this Law apply to it.
Within the inspection supervision against an entity entered into the basic register, which performs a specific operation or carries out a specific activity, but which has not been entered into an appropriate special register or record maintained by another competent authority or organization, or does this without the approval of the competent authority or organization (permit, consent, writ, opinion, confirmation, license, certificate, accreditation, attestation, authorization, act of approval, act of conditions, etc.) or without the application to the competent authority or organization, when this entry, approval or application has been prescribed as a requirement for the performance of the subject operation or execution of such activity, the inspection has and exercises all powers and duties towards this entity, which it has and exercises against an unregistered entity and the provision of this Law, relating to an unregistered entity, apply to it.
When during the inspection supervision carried out against a supervised entity, a person without an employment contract or other valid legal ground is found working in that entity, the inspection shall has and exercises powers and duties against this supervised entity, which have been prescribed by a special law, and provisions of paragraph 4 of this Article apply to this supervised entity.
The inspection supervision against an unregistered entity is carried out according to the inspection supervision plan, and also when it was not envisaged by the supervision plan, without notification on the upcoming inspection supervision, without issuing a warrant for inspection supervision and within the limits of the subject matter determined by the inspector during the inspection supervision.
The writ on measures for removal of illegalities, prohibition of operation or activities and seizure of goods, documentation and other objects, which served the unregistered entity to illegally operate or perform activities or have thereby generated, is immediately issued, once the inspector discovers the unregistered entity.
The writ is immediately served on the unregistered entity giving effect to: an order, without delay, to initiate the procedure for entry into the basic register, i.e. the appropriate special register or record maintained by the competent authority or organization, or for obtaining the approval of the competent authority or organization or for application to the competent authority or organization; a prohibition to operate or perform activity until the fulfillment of the conditions specified for it; a seizure of the goods, documentation and other objects which served it for illegal operation or performance of activities or have thereby generated; an order for the removal of other discovered illegalities.
An appeal does not postpone the enforcement of the writ.
The inspection treats the goods, documentation and other objects it has seized in the manner governed by a special law.
What Is Not Deemed to Be the Operation or Performance of Activities of the Unregistered Entity
Article 34
It is not deemed as performance of operation or execution of activities of the unregistered entity when for performance of operation or execution of activities the obligation of entry in the basic register, or the obligation of entry into the appropriate special register or records maintained by the competent authority or organization is precluded by law, or has not been prescribed, or the approval of the competent authority or organization or the application to the competent authority or organization has not been prescribed.
It is not deemed as performance of operation or execution of activities of the unregistered entity when personal work for one’s own needs is done, the work of a member of a family household of a sole trader at such sole trader, without entry into an employment relationship in line with the provisions of the law governing companies, or other help in work, services or activities by family, friends or neighbors, provided to a natural person who is not an unregistered entity nor an entity referred to in Article 33, paragraph 2 of this Law, without the monetary compensation, or other material gain, in the volume which is common for this sort of help and in these relations and on random basis, and the circumstances of the specific case point to the founded conclusion that it is not the issue of work at the supervised entity without an employment contract or other valid legal grounds.
Also, the following is not deemed as performance of operation or execution of activities of the unregistered entity: indispensible actions to prevent an accident or remove the consequences of natural or other disasters, volunteer work of a natural person in line with the law governing volunteering, amateur cultural and artistic creations in line with the law, enforcement of court and other decisions of the competent authorities or organizations, performance of operations or activities as members of political parties, trade unions, associations and other non-governmental nonprofit organizations, which are related to the realization of objectives and tasks of such organizations, in line with the law governing those organizations and articles of association, and work in public interest based on an imposed penalty.
Inspection Supervision Minutes
Article 35
The inspector prepares the inspection supervision minutes.
The following is entered into the minutes: data from the inspection supervision warrant, if issued; time and location of inspection supervision, and in particular, the specification of basis and rationale of the reasons which caused the performance of the inspection supervision after the business hours of the supervised entity, within the meaning of Article 19, paragraph 2 of this Law; description of undertaken activities and inventory of taken documents; data on the number of taken samples and suggestions provided by an authorized person of the supervised entity in relation to sampling; statements made; description of other produced evidence; recusal requests which have been filed; determined factual situation; acknowledgement of legal operation and conduct of the supervised entity; description of discovered illegalities, along with specification of evidence based on which a specific fact has been determined and legal grounds for determining illegalities; measures being imposed with specification of legal grounds on which they are based and the deadline for their implementation; appropriate rationales; obligation of the supervised entity to notify the inspector on actions undertaken based on measures and the deadline for such notification; data on filed crime reports, corporate offence reports and motions for initiation of misdemeanor proceedings, if filed, or the issued misdemeanor warrants, if issued, i.e. in line with Article 42, paragraph 3 of this Law, failure to file a request for initiation of misdemeanor proceedings, i.e. failure to issue the misdemeanor warrant; data on other measures and actions for which the inspector is authorized, it undertaken; deadline for giving objections to the minutes; stating that the minutes have been read, with or without objections, to the person present during supervision; other data and allegations significant for inspection supervision.
The checklist and analysis of a relevant expert institution, i.e. accredited authority represent an integral part of the minutes.
An authorized person of the supervised entity may refuse to sign or receive the minutes, which is acknowledged by the inspector in written form who also, within the minutes, states the reasons due to which the signing or the receipt of the minutes have been refused.
The minutes are submitted to the supervised entity within the term of eight business days from the end of the inspection supervision.
The general template of the inspection supervision minutes is prescribed by the minister in charge of the state administration.
The general template of the inspection supervision minutes for the inspection supervision stemming from the original jurisdiction of the autonomous province and the local self-government unit is prescribed by the competent authority of the autonomous province or the local government unit.
Article 36
The supervised entity is entitled to make objections in written form to the inspection supervision minutes, within the term of five business days from the day of their receipt.
The inspector assesses the objections, all together and each separately, and in mutual relation.
In order to determine the facts to which the objections relate, the inspector may, at a later stage, perform the additional inspection supervision.
If within the objections to the minutes, new facts have been set forth, along with the new evidence, due to which the factual situation, which has been determined in the minutes, needs to be modified, or different legal and other assessments, the inspector prepares an addition to the minutes about that, to which an objection may not be made.
Acting upon objections to the minutes, the inspector may modify the proposed or ordered, i.e. imposed measure or waive it.
Article 37
The inspector issues a writ to decide on the measures aimed at the supervised entity.
Should the inspector fail to determine illegalities, irregularities and deficiencies during the performance of inspection supervision, he does not issue a writ or a conclusion and then finalizes the inspection supervision procedure by serving the minutes on the supervised entity, wherein it is stated that no illegalities, irregularities or deficiencies have been found in its operation or conduct. However, if during the performance of the extraordinary ascertaining, or confirming inspection supervision referred to in Article 6, paragraph 4 of this Law, the inspector fails to determine any illegalities, irregularities or deficiencies, he issues a writ on fulfillment of prescribed conditions or confirmation of legality and safety of conduct or operation.
Exceptionally, the inspector may impose measures by pronouncing an oral writ, once he determines that in this manner the immediate danger to human life and health, property of greater value, the environment or plant or animal life, is removed.
In case of imposition of measures and actions through an oral writ, the inspector shall make an official note, without delay, in regard to the imposed measure, as well as to issue a written writ within the term of three days from the day the oral writ was pronounced.
Should the inspection sway from the writ which it has issued earlier for the same or similar matters, it shall provide a separate rationale within that writ on the reasons for such swaying.
Termination of Proceedings without Issuing Writ
Article 38
Should the inspector fail to issue a writ upon expiry of the day of termination of the inspection supervision that was specified in the inspection supervision warrant, i.e. upon expiry of the statutory deadline for the issuance of the writ - when the warrant has not been issued in compliance with the law, the supervised entity may request from the inspector to terminate the proceedings.
Should the inspector fail to do so within the term of eight days from the day the request was filed, it is deemed that the proceedings is suspended and that, in regard to the subject matter of the warrant, i.e. the subject matter of the supervision - when the warrant in compliance with law has not been issued, no illegalities have been discovered either in operation or in conduct of the supervised entity.
In case when the supervised entity has filed a request for an extraordinary ascertaining or confirming inspection supervision, and if the inspector has failed to finalize the proceedings within the term of eight days from the day of filing the request referred to in paragraph 1 of this Article, it is deemed that the proceedings are suspended and that, in line with Article 6, paragraph 4 of this Law, the fulfillment of the prescribed conditions exists, i.e. that the legality and the safety of conduct and operation of the supervised entity is confirmed.
Article 39
An appeal may be filed against the inspector’s writ within the term of 15 days from the day of delivery of the written writ.
An appeal against the appealable conclusion, may be filed within the term of three days from the day of delivery of that conclusion.
The appeal postpones the enforcement of the writ.
Notwithstanding the provisions of paragraph 3 of this Article, the appeal does not postpone the enforcement of the writ, when, in compliance with the scope of inspection, undertaking of emergency measures is necessary for the purpose of preventing or removing danger to human life and health, property, rights and interests of employees and work engaged persons, economy, environment, plant or animal life, public revenues, unhindered operation of authorities and organizations, communal order and safety, which is, in particular, explained in the writ.
The appeal is submitted to the organizational unit for which the inspector has been appointed, against whose writ the appeal has been filed, about what the supervised entity shall be instructed in the ruling.
In case the first-degree decision of the inspector has already once been annulled, the second-degree authority may not annul it again and refer the case to the inspection for repeated proceedings, but shall rather resolve this administrative matter on its own.
Article 40
The decision of the second-degree authority on the appeal is final and an administrative dispute may be launched against it, in line with the law governing administrative disputes.
Article 41
Within eight days from the date of expiry of the deadline for implementation of measures imposed by the inspector’s writ, the supervised entity shall inform the inspection of the implementation of imposed measures, except when a shorter deadline has been set forth in the writ imposing the emergency measures for the purpose of preventing or removing danger to human life and health, the environment or plant or animal life.
The inspector monitors the implementation of the writ which he has issued and shall carries out the office or on-site control inspection supervision so as to determine whether the measures imposed by the writ have been implemented, and submits a regular monthly report on the state of implementation to the inspection manager. Upon request of the inspection manager, the inspector submits special reports.
The inspection particularly and intensively monitors whether the supervised entity has, without delay, initiated the prescribed procedure for entry into an appropriate register or record, for obtaining approval of the competent authority or organization or application to the competent authority or organization, and whether it abides by the prohibition of performance of operation or execution of activities, until the fulfillment of the prescribed conditions for that, as well as whether it has removed other discovered illegalities.
If the conditions have been fulfilled for the enforcement of the writ by direct coercion, the inspector may seal the buildings, premises, facilities, i.e. complexes, machines, equipment or the space (hereinafter referred to as: the subjects of sealing ), in line with the law.
The inspector performing the sealing shall be equipped with the sealing tools, namely the official metal seal, red sealing wax (or a lead seal) and security cord.
The sealing is carried out by displaying or nailing the conclusion of enforcement approval, i.e. the writ which imposes the measure of prohibition for performance of operation or execution of activity, when the appeal does not postpone the enforcement, in a clearly visible place, by closing the subject of sealing and leaving a seal imprint on the red liquid sealing wax, so that the security cord is sealed and thereby preventing the entry into the space, i.e. the use of the subject of sealing.
The sealing shall be carried out so that the subjects of sealing may not be opened without damaging the seal.
The inspector notifies the supervised entity that the removal of or damage to the official seal represents a crime, and prepares the minutes of the writ’s enforcement.
During the procedure of the writ’s enforcement by direct coercion, other manner of coercive enforcement may be specified, which shall preclude the entrance, i.e. use of the subject of sealing, as well the appropriate marking of the buildings and other objects, in line with the law.
The inspection monitors the operation and conduct of the supervised entity against which the measures, prescribed by this Law, have been imposed and enforced, in order to ensure that that entity continues operating and acting in a legal and safe manner, and that the damaging consequences to the goods, rights and interests protected by law are prevented, as soon as it has been determined that early signs of probability of their occurrence exist.
Reporting Crime, Reporting Corporate Offence, Motion to Initiate Misdemeanor Proceedings, Misdemeanor Warrant and other Actions and Measures for which the Inspector is Authorized
Article 42
If an illegality, which is punishable by the law or other regulation, is discovered at the supervised entity, the inspector reports the crime, corporate offence or files a motion for initiation of misdemeanor proceedings to the competent judicial authority, or issues a misdemeanor warrant.
If an illegality is discovered at the supervised entity, the inspector also takes other actions and measures for which he is authorized pursuant to the law or other regulation (e.g. initiation of temporary or permanent revocation of license).
Notwithstanding paragraph 1 of this Article, when the supervised entity has acted, within the given deadline, pursuant to the warrant, i.e. according to proposition of the inspector for the removal of illegalities referred to in Article 27, paragraph 1 of this Law, if deemed that such illegality represents a misdemeanor in line with the law and other regulation, the inspector shall not file a motion for initiation of misdemeanor proceedings against that supervised entity, i.e. issue a misdemeanor warrant to it, when the highest amount of the threatened fine for the misdemeanor does not exceed RSD 100,000 and a protection measure has not been prescribed, under the condition that the damaging consequences have not occurred, as well as when such consequences have occurred, but the supervised entity removed them prior to the commencement of the inspection supervision procedure or within the deadline referred to in Article 27, paragraph 1 of this Law. The inspector enters the failure to file a motion for initiation of misdemeanor proceedings, i.e. failure to issue a misdemeanor warrant, into the inspection supervision minutes, along with an appropriate explanation.
The provisions of paragraph 3 of this Article apply neither in the case of a repeated misdemeanor of the supervised entity, regardless of whether the motion for initiation of misdemeanor proceedings has been filed the first time, i.e. whether a misdemeanor warrant has been issued, nor against an unregistered entity.
In order to ensure that the supervised entity referred to in paragraph 3 of this Article continues to operate and act in a legal and safe manner, and that the damaging consequences to the goods, rights and interests protected by the law are prevented, once it has been determined that early signs of probability of their occurrence exist, the inspection shall intensely monitors the continuation of its operation and actions.
The judicial authority to which the inspection has filed a motion for initiation of the misdemeanor proceedings, has reported a corporate offence or a crime, informs, ex officio, the inspection of the outcome of its proceedings.
If, during the performance of inspection supervision, the inspector finds that a by-law of the supervised entity is not in compliance with the Constitution, law or other regulation, the inspector indicates that to the supervised entity and proposes to it to remove the determined incompliance, in a period which is not longer than 60 days. Should the supervised entity fail to act upon such proposal, the inspector files an initiative to the competent authority for the suspension of implementation, or annulment or revocation of regulation or other by-law.
Inspection Supervision Records
Article 43
For the needs of monitoring the state within a specific field and for the needs of operation monitoring, each inspector keeps records of inspection supervision.
The inspection supervision records, in particular, contain the following:
1) Data on the inspection supervision warrant, specifying the types and forms of inspection supervision, as well as additional warrants and separate warrants referred to in Article 16, paragraph 7 of this Law;
2) Data on inspection that has been performing the inspection supervision;
3) Data on the inspector who has been performing the inspection supervision, as well as on the inspector, who, in case of absence, replaced him. In case the inspection supervision has been performed by multiple inspectors, data for all inspectors are specified, as well as for their replacements;
4) Data on the supervised entity and the representative, i.e. the authorized person of the supervised entity - legal entity, including the data on the risk assessed at the supervised entity;
5) Legal grounds for the inspection supervision;
6) Description of the subject matter and the purpose of the inspection supervision;
7) Duration of the inspection supervision (day of commencement and termination of the inspection supervision);
8) Data on actions taken during the performance of the inspection supervision;
9) Data on the inspection supervision minutes and objections thereto;
10) Data on the imposed measures, i.e. acknowledgement that no such measures have been imposed in the inspection supervision, specifying whether the grounds or need for the imposition of such measures have not existed;
11) Data on reported crimes and corporate offences and motions for initiation of misdemeanor proceedings and issued misdemeanor warrants, i.e. acknowledgement that the motion for initiation of misdemeanor proceedings has not been filed, i.e. that a misdemeanor warrant has not been issued in line with Article 42, paragraph 3 of this Law, as well as data on the outcome of proceedings of judicial authorities upon motions for initiation of misdemeanor proceedings, reported corporate offences and crimes which have been filed by the inspection as well as of the outcome of misdemeanor warrants which have been issued by the inspection.
The purpose of processing personal data in the inspection supervision records is the planning and performance of inspection supervision. The following personal data are entered into the records: identity data of the applicant (name and surname and the unique personal identification number) and address of the permanent or temporary residence, as well as other necessary contact data.
Personal data referred to in paragraph 3 of this Article are available to the inspection manager and the inspector, or to the person authorized for the performance of the inspection supervision.
Personal data referred to in paragraph 3 of this Article represent confidential information and may not be used for the purposes which have not been stipulated by the law.
Personal data referred to in paragraph 3 of this Article are kept permanently.
The inspection supervision records are kept in electronic form within the functional joint information system, for the purpose of efficient performance of inspection supervision, upon its establishment.
The layout of the form, as well as the manner of keeping of the inspection supervision records is stipulated by the Government.
Annual Operation Report and Performance Indicators of Inspection Supervision
Article 44
The inspection publishes the annual operation report on its web page, by 31 January of the following year at the latest, for the previous year.
The annual operation report of the inspection, shall contain the information and data, along with explanations about the following:
1) Number of prevented or significantly reduced probable occurrences of damaging consequences to the goods, rights and interests protected by the law (preventive action of the inspection);
2) Informing the public, provision of expert and counseling support to the supervised entities or persons exercising certain rights within the supervised entities or in relation to the supervised entities, including the issuance of the regulation application by-laws and official counseling visits, preventive inspection supervisions and other activities aimed at promoting and supporting legality and safety of operation and conduct and prevention of occurrence of damaging consequences to the goods, rights and interests protected by the law and other regulation, along with the data on the number and shapes of these activities and the circle of persons involved in these activities (preventive action of the inspection);
3) Level of compliance of operation and conduct of the supervised entities with the law and other regulation, which is measured with the aid of checklists;
4) Number of discovered and removed or significantly mitigated occurred damaging consequences to the goods, rights and interests protected by the law (corrective action of the inspection);
5) Number of determined unregistered entities and the measures implemented against them;
6) Measures undertaken for the purpose of harmonizing the practice of inspection supervision and their effect;
7) Plan realization and validity of inspection supervision planning, especially about the relation between the regular and extraordinary inspection supervisions, the number of regular inspection supervisions which have not been performed and the reasons for that, as well as the number of additional warrants for inspection supervision;
8) Level of coordination of the inspection supervision with the inspection supervision performed by other inspections;
9) Material, technical and human resources which the inspection has used during the performance of the inspection supervision and the undertaken measures, with the aim of efficient use of resources of the inspection and the results of the undertaken measures;
10) Adherence to the deadlines prescribed for actions of the inspection;
11) Legality of administrative decisions adopted in the inspection supervision (number of second-degree proceedings, their outcome, number of initiated administrative disputes and their outcome);
12) Proceedings conducted in resolution of complaints against the work of the inspection, with their outcome, with particular emphasis on the number of filed complaints and the field of work to which they related;
13) Trainings and other forms of professional development of the inspectors, or clerks authorized for the performance of inspection supervision, with the number of such trainings and other forms of professional development and the number of inspectors, i.e. clerks authorized for the performance of inspection supervision who attended those trainings and other forms of professional development;
14) Initiatives for amendments and additions to the law and other regulations;
15) Measures and verifications undertaken with the aim of completing and updating the data in the information system;
16) State in the field of execution of entrusted tasks of the inspections supervision;
17) Outcomes of proceedings of the judicial authorities upon motions for the initiation of misdemeanor proceedings filed by the inspection, and upon corporate offences and crimes reported by the inspection.
Mandatory elements of the annual operation report referred to in paragraph 2 of this Article represent the inspection supervision performance indicators.
Pursuant to the analysis of the annual operation reports, the Coordinating Committee initiates measures for the improvement of inspection supervision and publishes them on the web page.
The inspection supervision performance indicators serve as guidelines for determining the operating objectives of inspectors, within the criteria for appraisal of clerks set by the law and other regulation.
The degree of achievement of the strategic plan is assessed on the basis of the analysis of annual reports.
V. OFFICIALS AUTHORISED FOR THE PERFORMANCE OF INSPECTION SUPERVISION
Article 45
The work of the inspection may be managed by a person, who, apart from the conditions determined by this Law, for the work on the position of the inspector, has, at least five years of working experience on the tasks of the inspection supervision.
The inspection manager has the position, powers, obligations and responsibilities of an inspector.
Article 46
The competent inspection performs the tasks of the inspection supervision through an inspector.
The inspection supervision may be performed by a person with acquired prescribed education, vocational working experience, passed state administration exam and inspector license exam, and who fulfils other conditions prescribed for the work in the state administration bodies:
1) In the position of a senior adviser, independent adviser or adviser or appropriate inspectorial title defined by a special regulation - for undertaking administrative actions and imposing administrative measures in the inspection supervision;
2) In the position of a junior adviser, associate or junior associate or appropriate inspectorial title defined by a special regulation - for undertaking administrative actions in the inspection supervision.
The inspector shall use the functional joint information system during his work.
Article 47
The inspector license exam is taken in writing and orally.
The inspector license exam is carried out by a panel appointed by the minister in charge of the state administration.
The program of the inspector license exam, the manner of taking the exam, the contents and manner of operation of the panel implementing the exam, and the issuance of the certificates of the passed exam, are governed by the minister in charge of the state administration.
Giving Authorizations to a Non-Inspector Clerk and Entrusting Expert Tasks to Non-Inspectors
Article 48
In case of absence, or prolonged unavailability of the inspector or when required by specific circumstances related to immediate performing of unplanned supervision within a specific deadline, the inspection manager may authorize a clerk who fulfils the conditions prescribed for an inspector, except for the passed inspector license exam, to temporarily perform the tasks of undertaking the administrative actions in the inspection supervision, with all powers and obligations of an inspector, while those circumstances last.
If, within a specific field, and due to a smaller scope or need for only occasional performance of inspection supervision, the need for permanent inspection supervision does not exist, the inspection supervision, using all the powers and obligations of an inspector, is performed by a clerk who fulfils the prescribed conditions, and is authorized by the inspection manager.
The performance of certain expert tasks of the inspection may be entrusted by a special law to a person who is not a clerk.
Article 49
The inspector is independent at work, within the limits of powers set forth by the law and other regulation, and he is personally responsible for his work.
No one may, by abusing official position or authorizations, by exceeding the limits of one’s own authorizations, by failure to perform one’s own duty, or in some other manner, impede or hinder the inspector, i.e. the clerk authorized to perform inspection supervision, in carrying out the inspection supervision and undertaking the measures and actions for which he has been authorized.
Article 50
The inspectors and clerks authorized for performance of inspection supervision are entitled to, and have the duty to attend trainings and other forms of professional development for the performance of inspection supervision.
The inspections shall systematically and continuously plan the trainings and other forms of professional development of the inspectors, i.e. clerks authorized to perform the inspection supervision according to the needs of the inspection, on the basis of general and special programs which determine the forms and the contents of the trainings and other forms of professional development.
The programs of trainings and other forms of professional development of the republic inspectors encompass the trainings and other forms of professional development of the clerks of the autonomous province and the local government units, who perform the entrusted tasks of the inspection supervision.
Trainings and other forms of professional development may also include the trainings in cooperation with the judicial and other authorities, educational institutions, professional and other organizations.
The inspectors and clerks authorized to perform the inspection supervision are subject to tests of knowledge within the program referred to in paragraph 2 of this Article.
The implementation of trainings and other forms of professional development of inspectors, i.e. clerks authorized for the performance of inspection supervision, as well as attendance thereat by the inspectors, i.e. clerks authorized for the performance of inspection supervision, is ensured by the inspection manager, in cooperation with the Coordinating Committee.
Official Identification Document
Article 51
The inspector has an official identification document, proving his official capacity and identity.
The official identification document contains the following: a small coat of arms of the Republic of Serbia; the organizational position and name of the competent inspection; name and surname of the inspector; photograph of the inspector; unique number of the identification document; fields for which the inspector is competent to perform the supervision and authorizations of the inspector for undertaking actions and imposing measures in the inspection supervision; signature and seal of the competent authority.
The layout of the form of the inspector’s official identification document is prescribed by the minister in charge of the state administration.
The official identification document is issued by the inspection manager, and the inspector is entitled to and has the duty to use it while carrying out the tasks of the inspection supervision.
If the inspection supervision is performed by an authorized clerk, the authorization that is issued to him contains the elements of the identification document, except the photograph, and has the character of an official identification document and is used as the official identification document.
Complaints to the Work of Officials
Article 52
Any person is entitled to file a complaint against the inspection manager, the inspector, or the clerk authorized for the performance of inspection supervision, if that person believes that their unlawful and improper actions, i.e. negligent work has violated its rights and freedoms.
A complaint filed against the person authorized to perform the inspection supervision is deliberated and decided on by the direct manager of the person to whom the complaint relates, i.e. by the authority competent for the supervision over the work of the inspection and the authority competent for his appointment, or the authority or body authorized by that authority.
Consideration of the complaint finalizes and the decision on the complaint is reached within the term of 15 days from the day of receipt of the complaint, and thereafter is delivered to the applicant.
The complaint applicant, who is not satisfied with the decision on the complaint may, on that matter, address the Coordinating Committee, within the term of 15 days, which, in relation to that, undertakes appropriate activities within the scope of work it performs.
Special Cases of Accountability of Officials
Article 53
An inspector and a clerk authorized for the performance of inspection supervision, apart from other cases of accountability for breach of work duties, specified by regulations on state clerks, i.e. regulations on clerks of the autonomous province and local government unit, are, in particular, accountable for:
1) Failing to take, propose or impose measures or actions, for which they have been authorized, during the performance of the inspection supervision;
2) Failing to propose or initiate a procedure, defined by the provisions of this Law, during the performance of inspection supervision, and they had the duty to do so;
3) If, during the performance of inspection supervision, they breach the boundaries of their authorizations;
4) If they perform economic or other activities and affairs for themselves or for another employer in the field subjected to the inspection supervision, or participate in the work of expert work groups or bodies of the supervised entities, or persons who are subjected to inspection supervision or if they perform other services, tasks or procedures which contravene the office and the role of the inspector, and damage their independence during the performance of work.
Breach of work duties referred to in paragraph 1 of this Article represent severe breaches of work duties.
Article 54
For the purpose of ensuring and controlling legality in the performance of the inspection supervision tasks, including the entrusted tasks of the inspection supervision, an internal organizational unit may be formed within the ministry or certain state clerks may be authorized for the performance of tasks of internal inspection control tasks (hereinafter referred to as: the internal inspection control).
The competent authority of the autonomous province and the local government unit may form the internal inspection control within its original jurisdiction.
The internal inspection control acts upon the submissions of natural and legal persons, in regard to the written appeals of the inspectors and clerks authorized for the performance of inspection supervision, and upon its own initiative, i.e. on the basis of collected notifications and other findings. The inspectors and the clerks authorized for the performance of inspection supervision, who address the internal inspection control in written form, are entitled to protection in line with the law governing the protection of whistleblowers.
The report on the work of the internal inspection control is submitted to the minister in charge of the relevant field of inspection supervision and to the Coordinating Committee, at least twice a year, as well as upon their request.
The forms and the manner of performance of internal inspection control are prescribed in more detail by the minister in charge of the relevant field of inspection supervision.
The forms and the manner of performance of the internal inspection control within the original jurisdiction of the autonomous province and the local government unit are prescribed in more detail by the competent authority of the autonomous province and the local government unit.
Inspection Supervision Performed by the Administrative Inspection
Article 55
The inspection supervision over the application of the provisions of this Law that govern the plans of the inspection supervision, the procedure of the inspection supervision and the officials authorized for the performance of inspection supervision, as well as over the application of guidelines and the instructions of the Coordinating Committee referred to in Article 12, paragraph 2, item 1) of this Law, is performed by the administrative inspection.
Misdemeanors of the Supervised Entity
Article 56
A fine in the amount of RSD 100,000 to RSD 800,000 shall be levied for a misdemeanor on the supervised entity - legal person, which, fails to enable unhindered inspection supervision (Article 20, paragraph 7) to the inspector who presents the official identification document and serves the inspection supervision warrant, if issued, or acts in compliance with Article 18, paras. 8 and 9 of this Law.
A fine in the amount of RSD 50,000 to RSD 300,000 shall be levied on the supervised entity - sole trader, for a misdemeanor referred to in paragraph1 of this Article.
A fine in the amount of RSD 50,000 to RSD 150,000 shall be levied on the supervised entity - natural person, for a misdemeanor referred to in paragraph 1 of this Article.
A fine of RSD 50,000 to RSD 150,000 shall be levied on the authorized person of a supervised entity - legal person, for an offence referred to in paragraph 1 of this Article.
A fine in the amount of RSD 30,000 to RSD 60,000 shall be levied for a misdemeanor on the supervised entity - legal person whose authorized person fails, under the conditions referred to in Article 20, paragraph 5 of this Law, to be present at the place of performance of the inspection supervision.
A fine in the amount of RSD 20,000 to RSD 50,000 shall be levied on the supervised entity - sole trader, for the misdemeanor referred to in paragraph 5, of this Article,.
A fine in the amount of RSD 10,000 to RSD 30,000 shall be levied on the supervised entity - natural person, for the misdemeanor referred to in paragraph 5 of this Article.
A fine referred to in paragraph 5 of this Article shall also levied on the responsible person of the supervised entity - legal person, for a misdemeanor referred to in paragraph 5 of this Article.
Misdemeanors of the Unregistered Entity
Article 57
A fine in the amount of RSD 50,000 to RSD 500,000 shall be levied for a misdemeanor on a natural person performing operation or executing an activity as an unregistered entity.
When performance of a specific operation or execution of a specific activity is permitted solely in the form of a legal person, a fine in the amount of RSD 200,000 to RSD 2,000,000 shall be levied for a misdemeanor referred to in paragraph 1 of this Article on a natural person performing operation or executing an activity as an unregistered entity.
A fine in the amount of RSD 200,000 to RSD 2,000,000 shall be levied for a misdemeanor on a legal person, referred to in Article 33, paragraph 2 of this Law.
A fine in the amount of RSD 50,000 to RSD 500,000 shall be levied on a sole trader for a misdemeanor referred to in paragraph 3 of this Article.
Also, for the misdemeanor referred to in paragraph 3 of this Article, a fine in the amount of RSD 50,000 to RSD 150,000 shall be levied on a legal persons’s responsible person.
A protective measure for the confiscation of objects from an unregistered entity, i.e. an entity referred to in Article 33, paragraph 2 of this Law is prescribed by a special law.
Article 58
A fine in the amount of RSD 100,000 to RSD 800,000 shall be levied on a third-party for a misdemeanor in case such a party acts in the capacity of a legal person which:
1) Prohibits access to the inspector to business or other non-residential premises, land or building which it owns or uses, i.e. holds, when it is probable that the supervised entity is either performing operation or executing activity in it or on it, or when objects significant for inspection supervision are located there, as well as prohibits crossing over land or premises for such a purpose (Article 23, paragraph 1);
2) Disposes of evidence and other data required for inspection supervision, and fails to provide them to the inspector and fails to enable the inspector to hear the witnesses, within the deadline prescribed by this Law (Article 23, paragraph 2).
A fine in the amount of RSD 50,000 to RSD 300,000 shall be levied for a misdemeanor referred to in paragraph 1 of this Article on a third party that acts in the capacity of a sole trader.
A fine in the amount of RSD 40,000 to RSD 120,000 shall be levied for a misdemeanor referred to in paragraph 1 of this Article on a third party that acts in the capacity of a natural person.
A fine in the amount of RSD 50,000 to RSD 150,000 shall be levied for a misdemeanor referred to in paragraph 1 of this Article on a responsible person of a third party that acts in the capacity of a legal person.
Misdemeanors of the Inspection Manager
Article 59
A fine in the amount of RSD 120,000 to RSD 150,000 shall be levied for a misdemeanor on the inspection manager, should the inspection:
1) Fail to implement the inspection supervision plan, without existence of particularly justifiable exceptional circumstances preventing it to do so (Article 10, paragraph 1);
2) Fail to publish the inspection supervision plan, on its web page (Article 10, paragraph 6);
3) Fail to prepare the checklists in its field of inspection supervision, fail to apply them and to publish them on its web page (Article 14, paragraph 1);
4) Fail to publish the annual operation report on its web page (Article 44, paragraph 1).
Misdemeanors of Inspector and Clerk Authorized for Performance of Inspection Supervision
Article 60
A fine in the amount of RSD 50,000 to RSD 150,000 shall be levied for a misdemeanor on the inspector or a clerk authorized for the performance of inspection supervision, if:
1) He fails to inform the supervised entity of the upcoming inspection supervision or fails to inform it in the prescribed manner and within the prescribed deadline, or if he commences the inspection supervision without notifying the supervised entity of the upcoming supervision, while no reasons for that referred to in Article 17, paragraph 4 of this Law (Article 17) exist;
2) He fails to serve on the supervised entity the inspection supervision warrant, or fails to present the warrant and its contents to the supervised entity, when the supervised entity refuses the serving of the inspection supervision warrant (Article 18, paras. 7 and 8);
3) He performs the inspection supervision after the business hours of the supervised entity, which acts in the capacity of a legal entity, sole trader or other organizational form through which natural or legal persons perform operation or execute activities, while no reasons for that referred to in Article 19, paragraph 2 of this Law (Article 19) exist;
4) He performs the inspection in residential premises without the obtained, written order of the competent court, when the performance of inspection is carried out in the absence of request or consent of the owner or user, i.e. holder of the residential premises, given in line with Article 22, paragraph 1 of this Law, and that the circumstances referred to in Article 22, paragraph 2 of this Law (Article 22) do not exist;
5) He fails to issue a certificate of the confiscated object to the supervised entity (Article 24, paragraph 3);
6) He disposes with the temporarily confiscated objects, unless otherwise stipulated by this or other law (Article 24, paragraph 5);
7) He decides to have the confiscated objects sold, even if they are not perishable, or animals prone to dying, or if safekeeping costs of the objects are not significant, as well as when these objects do not meet the requirements prescribed for being put on the market (Article 24, paragraph 6);
8) He imposes a measure, aimed against the supervised entity, on the person who acted in compliance with the regulation application by-law, in regard to the subject matter of the regulation application by-law, when the exceptional conditions for the imposition of the measure in line with Article 31, paragraph 3 of this Law (Article 31) have not been fulfilled.
Misdemeanors of a Responsible Person of the Competent State Authority, Authority of the Autonomous Province and the Local Government Unit and Other Holder of Public Authority
Article 61
A fine in the amount of RSD 100,000 to RSD 150,000 shall be levied for a misdemeanor on a responsible person of the competent state authority, authority of the autonomous province and local government unit and other holder of public authority who fails to submit, in timely manner:
1) To the Coordinating Committee - the data, notifications, legal instruments and reports which it needs for the performance of its affairs and tasks (Article 12, paragraph 8);
2) To the inspector - the public instruments and the data from the records, i.e. registers he keeps, and which are necessary for inspection supervision (Article 15, paragraph 2).
VIII. TRANSITIONAL AND FINAL PROVISIONS
Article 62
The regulations referred to in Article 9, paragraph 9, Article 35, paragraph 6, Article 43, paragraph 8, Article 47, paragraph 3 and Article 51, paragraph 3 of this Law shall be adopted within the term of 60 days from the day of entry into force of this Law.
The regulations referred to in Article 9, paras. 10 and 11, Article 10, paras. 7 and 8, Article 12, paragraph 12, Article 35, paragraph 7 and Article 54, paras. 5 and 6 of this Law shall be adopted within the term of 90 days from the day of entry into force of this Law.
Preparation and Publication of the Checklist Forms
Article 63
The inspection shall prepare the checklist forms and publish them on its web page within the term of six months from the day of entry into force of this Law.
Article 64
The procedure of the inspection supervision, initiated prior to entry into force of this Law, shall be finalized in line with the provisions of the regulations which were in force until this Law entered into force.
Article 65
The inspector who, on the day of entry into force of this Law, does not have the type and the degree of education prescribed by this Law, continues to perform the tasks of an inspector if he passes the inspector license exam within the term of two years from the day this Law starts applying.
Organizing the Inspector License Exam
Article 66
The inspector license exam shall be organized within the term of two years from the day this Law starts applying.
The inspector performing the inspection supervision tasks shall pass the inspector license exam prior to expiry of the term referred to in paragraph 1 of this Article, and otherwise, it is deemed that he does not fulfill the conditions for the performance of inspection supervision tasks.
Notwithstanding paragraph 2 of this Article, it is deemed that the inspector, who, on the day this Law enters into force, has, at least seven years of working experience on tasks of inspection supervision, fulfils the conditions for the performance of inspection supervision tasks and he, therefore, shall not have the obligation to take the inspector license exam.
Establishment and Beginning of Execution of Tasks and Duties of the Coordinating Committee and Adoption of the Rules of Procedure
Article 67
The Coordinating Committee shall be established within the term of three months from the day this Law enters into force.
The Coordinating Committee shall adopt the rules of procedure within the term of a month from the day of its establishment.
Upon adoption of the rules of procedure referred to in paragraph 2 of this Article, the Coordinating Committee shall begin to perform of work and tasks set forth by this Law, the decision on establishment and the rules of procedure, which relate to directing of the conduct of the inspections during inspection supervision over unregistered entities, as well as in regard to the preparation of application of this Law.
Article 68
Upon the expiry of the term of 12 months from the day this Law enters into force, the provisions of Articles 22-33 and Article 92 of the Law on State Administration (Official Herald of RS, Nos. 20/92, 6/93 - CC, 48/93, 53/93, 67/93, 48/94, 49/99 - other law, 79/05 - other law, 101/05 - other law and 87/11 - other law) are repealed.
Article 69
The competent ministries shall submit to the Coordinating Committee the statements on harmonization of special laws, which govern the inspection supervision in specific areas, with the provisions of this Law, within the term of 12 months from the day this Law enters into force.
Along with the statements on harmonization, the competent ministries also submit the harmonization tables.
Pursuant to the harmonization statements and tables, the Coordinating Committee shall, within the term of 18 months from the day this Law enters into force, prepare a draft of a by-law which contains the required scope of harmonization of special laws and it shall deliver this draft to the Government for further consideration and decision-making.
Once the Government determines the needed scope of harmonization of special laws, the provisions of the special laws shall be harmonized with the provisions of this Law within the term of the following six months.
The provisions of special laws which govern the inspection supervision and the official control stemming from the ratified treaties or harmonization of the legislation of the Republic of Serbia with the acquis communautaire of the European Union, and which have been harmonized with the ratified treaties and the acquis communautaire of the European Union shall not be subject to harmonization.
The provisions of the special laws which govern the inspection supervision and the official control, which do not stem from the ratified treaties or from harmonization of the legislation of the Republic of Serbia with the acquis communautaire of the European Union, and which govern certain issues in the fields of inspection supervision and official control, for which the Government determines that it is necessary that they are differently regulated by these special laws, shall not be subject to harmonization.
The Coordinating Committee shall determine the templates of the statement on harmonization and the harmonization table and shall publish them on its web page at the latest within the term of two months from the day of its establishment.
Entry into Force and Application
Article 70
This Law enters into force on the eighth day upon the day of its publication in the “Official Herald of the Republic of Serbia”, and is applied at the expiry of a term of 12 months from the day of entry into force, except for the provisions governing the unregistered entities and actions against unregistered entities specified by Article 3, item 4), Article 4, paragraph 7, Article 5, paragraph 3, Article 10, paragraph 4, Article 11, paras. 2 and 3, Article 22, Art. 33 and 34, Article 41, paragraph 3, Article 44, paragraph 2, item 5) and Article 57, which are applied at the expiry of a term of three months period from the day of entry into force of this Law, and by Article 30, paras. 1, 2 and 4 which are applied at the expiry of a term of five months from the day of entry into force of this Law.