LAW ON GENERAL
ADMINISTRATIVE PROCEDURES
PART
ONE
GENERAL
PROVISIONS
CHAPTER
I
BASIC
PRINCIPLES
Implementation of the
Law
Article
1
(1) The
administrative units and other public (government) units shall act pursuant to
this Law in the administrative procedures, directly implementing the regulations
and adopting decisions on the rights, obligations and legal interests of the
individuals, legal entities or other parties.
(2) The
enterprises, institutions and other organizations, funds and associations,
public organizations, citizen associations and organizations shall act pursuant
to this Law in exercising their
public authorizations, entrusted to them by law and by legal decision of the
municipality council or of the city of Skopje, for deciding on the issues
mentioned in paragraph 1 above.
(3) The
units of the local self-government and of the city of Skopje shall act pursuant
to this Law in exercising their
authorities as well as in exercising the authorities delegated to them by
the Republic for deciding on the issues mentioned in paragraph 1
above.
Special
Procedures
Article
2
Some issues of the procedure regarding certain administrative area may
be, by special law, stipulated differently than they are stipulated by this law
if this is necessary for proceeding in that administrative
area.
Subsidiary Implementation of
the Law
Article
3
The administrative areas for which there is special procedure stipulated
by law, shall be governed by the provisions of that law. The provisions of this
law shall apply for all issues that are not covered by a special
law.
The Principle of
Lawfulness
Article
4
(1) The
units, enterprises, institutions, funds, associations, organizations and
communities, as well as other institutions that are engaged in administrative
issues shall adopt their decisions on the basis of the law, other regulations of
the government units and on the basis of general rules and regulations of the
organizations, funds and communities passed by them in accordance with their
authorizations.
(2) If
the units are authorized, by law or by rules based on the law, to adopt
decisions regarding the administrative issues at their own discretion, then such
decisions should be made within the limits of their authorizations and in
accordance with the purpose of the authorization.
(3) The
provisions of this law shall also be valid in cases when the unit is authorized
to adopt decisions regarding the administrative issues at its own
discretion.
Protection of Civil Rights
and Public Interest
Article
5
(1)
When administering a procedure and adopting a decision, the units shall
be obligated to enable to the parties to protect and exercise their rights
taking into account that such rights are not to the prejudice of the rights of
other parties (persons) nor contrary to the public interests established by law.
(2) If
the official, on the basis of the existing facts, finds or assesses that certain
citizen or organization has a basis for exercising certain right, then the civil
servant shall inform and help the citizen or organization.
(3) If
certain obligations are imposed on the citizens by the law, then the measures
that will be taken, pursuant to the regulations, shall be more favorable for the
citizens, if the aim of the law is accomplished by such
measures.
The Principle of
Efficiency
Article
6
The units, enterprises, institutions, funds, associations and other
organizations and communities involved in adopting decisions on administrative
matters shall be obliged to provide efficient way for exercising the rights and
interests of the citizens, enterprises, institutions and other organizations,
funds and communities.
State of
Affairs
Article
7
The actual situation shall be determined during the procedure. All
relevant facts shall be investigated and determined in order to make legal and
correct decision.
Hearing of the
Parties
Article
8
(1) Prior
to adopting any decision, the party shall have the right to state the facts and
circumstances which are relevant for the decision.
(2) The
decision may be adopted without prior hearing of the party only in cases
stipulated by law.
Evaluation of the
Evidence
Article
9
The authorized (official) person, at his own discretion, shall decide on
the validity of the facts used as proof, on the basis of conscientious and
careful evaluation of each evidence separately and of the aggregate evidence, as
well as on the basis of the impact that such evidence will have on the outcome
of the procedure.
Independent Adopting of
Decisions
Article
10
(1) The
unit shall administer the administrative procedure and adopt a decision
independently, within the authorizations established by law, other regulations
and by general rules and regulations.
(2) The
authorized (official) person in the unit authorized for the procedure shall
independently determine the facts and circumstances. On the basis of these facts
and circumstances the authorized person shall implement the regulations, i.e.
the general rules and regulations on a specific case.
The Right of
Appeal
Article
11
(1) The
party shall have the right to lodge an appeal against a first instance decision.
It may be stipulated only by law that an appeal cannot be lodged against certain
administrative procedures if the rights and lawfulness are stipulated
otherwise.
(2) If
there is no second instance administrative (appellate) unit, an appeal against a first instance
decision may be lodged only in cases stipulated by law. Such law shall determine
the unit that is authorized to adopt a decision regarding an
appeal.
(3)
According to the provisions of this law, the party shall have the right
to lodge an appeal if the first instance unit does not adopt a decision within
the term stipulated.
(4) An
appeal cannot be lodged against a decision of the second (appellate)
instance.
ALTERNATIVE
(5)
The party may lodge a complaint and institute an administrative dispute
against a decision made by the first instance unit without prior lodging of an
appeal.
Validity of the
Decision
Article
12
The decision against which no appeal can be lodged nor administrative dispute can be
instituted (a legally valid decision), by which the party has attained certain
rights, or by which certain obligations have been imposed on the party, can be
annulled, abolished or amended only in cases stipulated by law.
Economy of the
Procedures
Article
13
The procedures shall be administered efficiently in order to keep the
expenses low and spare time for the party and the other persons that are
involved in the procedure. However, all documents needed for correct
determination of the facts of the case and for making a legal and correct
decision shall be provided.
Assistance to Unschooled
Parties
The unit that administers the procedure shall take care that the lack of
schooling or knowledge of the party and other persons involved in the procedure
shall not be to the disadvantage of the parties and their rights pertaining to
them according to the law.
Usage of Language and
Alphabet
Article
15
(1) The
administrative procedure in the Republic of Macedonia shall be administered in
the official Macedonian language.
(2) The
citizens of the Republic of Macedonia, the minorities, shall have the right to
use their own language in the administrative procedure.
The unit shall inform the party or other participants in the procedure on
the usage of the language. It shall
be entered into the records that the party i.e. the other participants have been
informed on that right and the party’s statement regarding the information shall
also be entered into the records.
(3) If
the party or the other participants in the procedure are not citizen of the
Republic of Macedonia and do not know the language of the procedure, they shall
have the right to follow the course of the procedure through a
translator.
ALTERNATIVE
(4) The
alphabets of the other nationalities and minorities of the Republic of Macedonia
shall be equally used in the administrative procedures.
Usage of the Term
“Unit”
Article
16
The unit that administers and makes decisions in the administrative
procedures shall include: administrative units, other government units,
enterprises, institutions, other organizations, funds, communities, public
organizations and associations of citizens and other organizations, unless
otherwise established by this law.
CHAPTER
II
AUTHORITY
1. Genuine and Local
Jurisdiction
Article
17
(1) The
genuine authority for making decisions in the administrative procedure shall be
determined in accordance with the regulations established for the specific
administrative area or the authority of certain units.
(2) The
local authority shall be determined in accordance with the regulations on the
political - territorial division
and in accordance with the regulations on the organization of certain
units.
Article
18
(1) The
genuine authority for deciding in the first instance administrative matters
shall be vested in the administrative units of the Republic of Macedonia or in
their Regional Offices , if, by law, the authority is not vested in other units.
(2) On
the basis of the authorizations established by law, the military units may have
the authority, established by sub-legal regulation, to decide in the first
instance administrative procedures.
Article
19
The appropriate administrative unit shall have the authority for the
administrative issues, unless such authority is vested in some other
unit.
Article
20
If no regulation exists for determining which administrative unit shall
have the genuine authority to decide on certain administrative issue, and such
authority cannot be determined according to the nature of the issue, then that
issue shall be within the authority of the administrative unit authorized for
general administrative issues.
Article
21
(1) A
unit shall not have the right to take over certain administrative issue that is
within the authority of another unit and make a decision independently, unless
such possibility is established by law and in accordance with the conditions
stipulated in that law.
(2) A
unit authorized for deciding on
certain administrative issues may delegate such authority to other unit only on
the basis of adequate legal authorization.
(3) The
genuine and local authority cannot interchange by agreement between the parties, by
agreement between the units and the parties or by agreement between the units,
unless otherwise stipulated by law.
Article
22
(1) In
accordance with the provisions stated in Article 17, paragraph 2 herein, the
local authority shall be determined:
1.
on issues regarding real
estate - according to the location of the real estate;
2.
on issues regarding the
activities of certain public agency, enterprise, institution, organization, fund
or community - according to the place of their registered office. The authority
over issues regarding the activities of the enterprises’ business units,
institutions, organizations, funds and communities, shall be determined
according to the registered office of the unit.
3.
on issues regarding managing
a shop or professional activities of certain persons that perform or will
perform their activities on a specific location - according to the address of
the shop or according to the office where the activity is
performed;
4. on other issues - according to the
residence of the party. In case of more than one parties, then the authority
shall be determined according to the party involved. If the party has no
permanent residence in the Republic of Macedonia, then the authority shall be
determined according to the party’s temporary residence; otherwise, the
authority shall be determined according to the last residence or temporary
residence of the party in the Republic of Macedonia.
5. In case the local authority
cannot be determined according to the provisions stated in items 1 to 4 in this
Article, then the authority shall be determined according to the place where the
reason for the procedure occurred.
(2) In
case of issues regarding a ship or airplane or in case the reason for the
procedure occurred on a ship or airplane, the local authority shall be
determined according to the ship’s port of registry i.e. airplane’s port of
registry.
(3) The
provisions stated above shall be implemented unless otherwise stipulated by
special regulations.
Article
23
(1) In
case two or more units have simultaneous local authority on the issues stated
above, then the unit that first started the procedure shall be authorized for
administering the procedure. However, the units may agree which of them shall
administer the procedure.
(2) Any
locally authorized unit, in its region, shall perform those activities of the
procedure that cannot be postponed.
Article
24
The unit that started administering the procedure as a locally authorized
unit shall remain authorized even if certain circumstances appear, during the
course of the procedure, that could change the place of authority for that
procedure. The unit that administers the procedure may delegate the authority
for such procedure to the other unit, if this significantly simplifies the
procedure, especially for the party . Such unit, considering the circumstances,
may have local authority.
Article
25
(1) Each
of the units, in their line of duties, shall stay within the limits of their
genuine and local authority during the course of the whole
procedure.
(2) In
case the unit determines that it is not authorized for certain administrative
issues, then the unit shall act in accordance with the provision stated in
Article 66 (62), paragraph 3 and 4 of this law.
(3) In
case the unit that was not authorized for the procedure took some action
regarding the procedure, the authorized unit to which the procedure was
delegated to shall determine whether some of those actions should be repeated or
not.
2. Parties having Diplomatic
Immunity
Article
26
(1)
Regarding the jurisdiction of the local authorities over procedures that
involve foreign person having a
right to diplomatic immunity in the Republic of Macedonia, a foreign country or
international organization, the provisions of the international law that have
been recognized by the Republic of Macedonia shall be
valid.
(2) If
there is any doubt regarding the existence or the scope of the right to
immunity, then the administrative unit authorized on foreign affairs shall give
its interpretation.
(3) The
official acts that relate to persons having the right to immunity shall be
performed by mediation of the administrative unit authorized on foreign
affairs.
3. Regional Limits of the
Jurisdiction
Article
27
(1) All
units shall perform their official activities within the limits of their
region.
(2) If a
delay is likely to appear, and the official action should be taken out of the
regional limits of the unit, then the unit may perform the action out of the
limits of its region. The unit is obliged to inform the other unit authorized
for that region where the action was performed.
(3) The
official activities that have to be taken in buildings and other structures
owned by the military units shall be performed with prior reporting to the
commander of the building or the structure and by his
consent.
(4) The
official activities that have to be performed in a extra territorial region
shall be performed by mediation of the administrative unit authorized for
foreign affairs.
4. Conflict of
Authority
Article
28
The republic administrative units shall settle the conflicts of
authorities between the regional offices and organization units that have been
established for performance of certain administrative matters within the
authority of the republic administrative unit.
Article
29
The conflicts of authorities between two or more republic administrative
units or between the administrative units and public organizations, and between the
public organizations themselves shall be solved by the Government of the
Republic of Macedonia.
Article
30
(1) In
case two units declare themselves as authorized or unauthorized for deciding on
the same administrative issue, then the proposal for settlement of the conflict
of authorities shall be given by the unit that last decided on its authority, or
the proposal may be given by the party (the plaintiff or the defendant).
(2) The
unit that decides on the conflict of authorities shall, at the same time, cancel
the decision made on the administrative issue by the unauthorized unit, or,
shall cancel the resolution of the authorized unit by which it declared itself
as unauthorized and submit the documents of the case to the authorized unit.
(3) No
special appeal shall be lodged or no special administrative proceedings shall be
taken by the party against the decision that settles the conflict of
authorities.
(4) The
provision of Article 23, paragraph 3 herein shall apply accordingly in case of
conflict of authorities.
Article
31
(1) The
unit in conflict shall have the right to lodge an appeal if it considers that
some of its rights were violated by
the decision regarding the conflict of authority.
(2) If
the unit authorized for making a decision regarding the appeal stated in the
pervious paragraph should find that the decision made on the conflict of
authority was against the regulations, the unit shall settle the resulting
relations between the complainant unit and the unit that was declared as
authorized by the jurisdiction court, taking into account the rights pertaining
to the complainant according to the regulations. The decision adopted regarding
the appeal shall be considered as first instance decision.
(3)
The appeal stated in paragraph 1 above and the decision adopted shall
have no effect on the administrative procedure for the specific
issue.
5. Official person authorized to administer
the procedure and adopt decisions
Article
32
(1) The
supervisor of the administrative unit authorized to decide on administrative
issues shall adopt the decision regarding the administrative procedure, unless
otherwise determined by the regulations of the unit or by other special
regulations.
(2) The
supervisor may authorize other official person in the same unit to decide on a
specific kind of administrative issue.
(3) The
authorization also covers the administering of the procedure prior to adopting
the decision.
Article
33
(1) In
case of managing boards, the decision shall be adopted by the managing board,
unless it is determined by law or by a decision of the municipality or the City
of Skopje that the president of the managing board shall adopt the decision in
the administrative procedure.
(2) The
managing board, pursuant to law, or regulation based on law, or a decision of
the municipality or the City of Skopje, may authorize an official person in the
same unit to adopt decisions in the administrative
procedures.
Article
34
(1) If
the administrative issue falls within the jurisdiction of the Assembly of the
Republic of Macedonia or the Municipality Council i.e. the City of Skopje, or
the Government of the Republic of Macedonia or the executive board the local
units, then the procedure shall be administered by the administrative unit
authorized for the issue, unless it is determined by a regulation that another
unit should administer the procedure.. The provision of Article 36, paragraph 2
of this law shall refer to such unit.
(2) In
the case described in the previous paragraph, the unit i.e. the official person
that administered the procedure shall submit a written report and a proposal for
decision to the authorized unit, unless it is determined by other regulations
that such report shall be submitted by a committee or other administrative
unit.
(3) The
provisions given in the previous paragraph shall apply to the decisions adopted
by units of second instance.
Article 35
For the administrative issues that are in the authority of an enterprise,
institution, fund or other organization or community, the decision shall be
adopted by the appropriate unit, i.e. the person that has the appropriate
office, unless other unit or person is determined to decide on such issues
within the organization or the community in accordance with the law or by other
regulation based on law, i.e. by the general rules and regulations of that
organization or the community.
Article
36
(1) The
supervisor of the unit may authorize other expert official person within the
unit to undertake activities in the procedure prior to adopting the decision.
(2) If
such authorization has no limitations, the specified official person shall have
the authority to perform all activities in the procedure, except adopting
decisions or resolutions that would prevent further administering of the
procedure.
6. Legal Assistance
Article
37
(1) In
case the administrative unit has to perform certain activities in the procedure
out of its region of authority, then the unit shall ask the administrative unit
where such activities have to be performed to execute such
activities.
(2) For
the purpose of easier and efficient performance of the activities or in order to
avoid unnecessary expenses, the unit authorized to make decisions on
administrative issues may assign the performance of certain activities in the
procedure to other appropriate unit authorized for such
activities.
Article
38
(1) The
administrative units, as well as the enterprises, institutions, other
organizations, funds and communities,
public organizations and associations of citizens that have public
authorization to make decisions on administrative issues, shall be obliged to provide to
each other legal assistance in the administrative procedures. They shall ask for
assistance by submitting a request.
(2) The
unit that was asked for assistance, as well as the organization in paragraph 1
of this Article, shall be obliged to act according to the request within the
limits of their region and scope of their duties, without delay, latest by 30
days from the receipt of the request.
(3) Legal
assistance for performance of certain activities in the procedure may be asked
by the courts, but only within the
frames of special regulations. As an exception, the administrative unit, as well as an
organization that has public authorization to make decisions on administrative
issues may ask the courts to provide them with the documents required for
administering the procedure. The courts shall be obliged to act in accordance
with such request if it does not prevent the court proceedings. The court may
determine the term in which such documents have to
returned.
(4) If
legal assistance has to be asked from foreign agencies, then the provisions of
the international agreements shall be valid. In case of no specific provisions
in this regard, the principle of reciprocity shall be valid. If the principle of
reciprocity is questioned, then the administrative unit authorized for foreign
affairs shall provide an explanation. In such case, the authorized unit shall ask for an explanation
through the appropriate administrative unit authorized for judiciary
issues.
(5) The
local agencies shall provide legal assistance to foreign agencies in the way
stipulated by the local law. The agency shall have the right not to give any
legal assistance if the required activity is contrary to the public order. The
requested activity may be performed according to the instructions of the foreign
agency, if such procedure is not contrary to the public
order.
(6) In
case the international agreements do not stipulate direct contact with the
foreign agencies, the administrative units shall communicate with the foreign
agencies through the administrative unit authorized for foreign
affairs.
7. Exemptions
Article
39
The official person authorized to adopt decisions or to perform certain
activities in the procedure shall be exempted from the activities of the
procedure if:
(1) the
official person is involved in the procedure in the capacity of a party,
co-authorized person, witness, legal assessor, or legal counsel of the
party;
(2) the
official person is immediate family with the party, the legal counsel or the
authorized person , or related up to and including the fourth cousin, or married
or related by marriage, up to and including the second cousin, even if the
marriage was annulled;
(3) the
official person is a guardian, related by adoption or supporter of the party, the legal
counsel or the party’s authorized person;
(4) in
the first instance procedure the official person participated in the
administering of the procedure or in the adoption of the
decision.
Article
40
In case the official person that should decide on certain administrative
issue or take action pursuant to the procedure determines that there is a reason
for exemption stated in the provisions of Article 39 herein, the official person
is obligated to stop any further activities regarding the specific case and
advise the agency authorized to decide on the exemption. If the official person
considers that there are other circumstances that justify his/hers exemption,
then he/she shall advise the same agency not interrupting the
procedure.
Article
41
(1) The
party may require exemption of the official person for reasons stated in Article
39 in this law, or when there are
other circumstances that question his/hers impartiality. In the request, the
party must state the circumstances that justify the reason for the
exemption.
(2) The
official person for whom there is a request for exemption submitted by the party
for reasons stated in Article 42 (39) in this law, shall not perform any
activities regarding the procedure, except those that cannot be delayed, until
the final resolution is adopted regarding the request.
Article
42
(1) The
supervisor of the administrative agency shall decide on the exemption of the
official person.
(2) The
Government of the Republic of Macedonia shall decide on the exemption of a
manager (supervisor) of an administrative agency.
(3) A
unit nominated by a Republic regulation shall decide on the exemption of an
official person or high official (manager) that manages the administrative
unit.
(4) The
president of the republic managing board shall decide on the exemption of an
official person from the managing board. The republic managing board shall
decide on the exemption of a member
of the managing board and the Government of the Republic of Macedonia shall
decide on exemption of the president of the republic managing
board.
(5) The
decision for an exemption of an official person in the unit of local
self-government in the municipalities of the City of Skopje shall be made by the
unit nominated in accordance with the municipality’s decision i.e. the City of
Skopje.
(6) A
final resolution shall be adopted regarding an exemption.
Article
44
(1) The
provisions of this law referring to the exemptions shall equally apply to the
recording person.
(2) The
final resolution on exemption of the recording person shall be adopted by the
official person that administers the procedure.
CHAPTER
III
THE PARTY AND LEGAL COUNSEL
OF THE PARTY
1.
Party
Article
45
A party is a person that requires administering of a procedure or a
person against who a procedure is being administered, or who has the right to
participate in a procedure in order to protect his/her rights or
interests.
Article
46
(1) Any
person or legal entity may be a party in an administrative
procedure.
(2) Any
public unit, business unit in an organization and community, settlement, group of persons and other which are not
considered as legal entities may be a party if they can be considered as bearers
of the rights and liabilities that are subject of the administrative procedure.
(3) A
union organization may be a party if the administrative procedure refers to a
right or legal interest of the employees in the enterprises (companies),
institutions, other organizations and units.
Article
47
(1) Any
enterprise (company), institution, organization and unit, public organization
and association of the citizens that, pursuant to their rules and regulations,
have an obligation to protect certain rights and interests of their members,
may, by consent of its member, submit a request on his/her behalf regarding such
rights and interests, or they may be involved in the already initiated procedure
bearing all the rights of the party.
(2)
The enterprise (company), institution, other organization and unit may
represent the employee on his/hers request if their rules and regulations stipulate
that possibility.
Article
48
(1)
If the public prosecutor, the public attorney and other public agencies
are authorized by law to represent the public interests in the administrative
procedure then they, within the limits of their authorizations, shall have the rights and liabilities of a
party.
(2) The
agencies stated in paragraph 1 above shall not have wider authorizations than
those of the parties, unless such authorizations are stipulated by
law.
2. Legal Capacity and Legal
Counsel
Article
49
(1) Any
party that has full working abilities may perform all activities in the
procedure (legal capacity).
(2) Any
person that has no legal capacity shall be represented by a legal counsel who
will perform all activities during the procedure. The legal counsel shall be
determined pursuant to a law or an
appropriate deed of the authorized government unit enacted on the basis of a
law.
(3) Any
legal entity shall perform the activities in the procedure through its
representative i.e. legal counsel. The representative i.e. the legal counsel of
the legal entity shall be determined on the basis of a general rules and
regulations, unless otherwise determined by law or by rules and regulations of
the authorized government unit based on a law.
(4)
Any government unit shall
perform the activities in the procedure through the representative determined by
law, and any unit of an organization or community - through the person that
manages the unit. Any settlement or groups of persons that have no capacity of a
legal person shall perform the activities in the procedure through a person that
they will determine, unless otherwise determined by special regulations.
(5) In
case the unit that administers the procedure finds that the legal counsel of a
person under custody (guardianship) does not give the due attention to the
representation, the unit shall inform the guardianship
unit.
Article
50
(1)
During the course of the whole procedure, the unit shall have an official
duty to monitor whether the person that appears as a party has a legal capacity
of a party and whether the party has a legal counsel.
(2) In
case of death of the party during the course of the procedure, the procedure may
be stopped or continued, depending on the nature of the administrative issue
that is subject of the procedure. If the nature of the procedure does not allow
continuation, the unit shall stop the procedure bringing a final resolution. A
special appeal may be lodged against such resolution.
3. Temporary Legal
Counsel
Article
51
(1) In
case the party has no legal capacity and no legal counsel, or in case an action
has to be taken against a person whose residence is unknown and has no legal
representative, the unit that administers the procedure shall appoint a
temporary legal counsel if the case is urgent and the procedure must be
administered. The unit shall immediately inform the guardianship unit of the
appointment of a temporary legal counsel. In case of a person whose residence is
unknown, the final resolution shall be made known in the usual
way.
(2) In
case an organization or a community has no legal counsel, representative or
authorized person, the unit that administers the procedure shall appoint a legal
counsel to such party, under the conditions stated in paragraph 1 above.
Generally, the legal counsel shall be chosen among the officials in the
organization or community and shall advise the organization or the community of
the appointment without delay.
(3) The
same mode of appointment stated in paragraphs 1 and 2 above, shall be applied in case of urgent action that
has to be performed, and the party i.e. its legal representative or legal
counsel cannot be summoned on time. The party, the representative or the legal
counsel shall be informed of such case immediately.
(4) The
appointed person is obliged to accept the representation. Such representation
may be denied only in cases stipulated by special rules. The temporary counsel
shall participate only in the procedure for which he/she was explicitly
appointed, and only until the appearance of the legal counsel or representative
or the party itself or its representative.
4. Joint
Representative
Article 52
(1) Two
or more parties may appear jointly in the same case, unless otherwise stipulated
by special rule. In such case, they are obliged to designate who of the either
shall act as joint representative, or they should appoint a joint
representative.
(2) The
unit that administers the procedure may, unless prohibited by special rule,
bring a resolution by which the parties that participate in the procedure and
have the same requests shall be obliged to designate, within a determined
term, who among them will represent
them, or to appoint a joint representative. If the parties do not act
accordingly, the representative may be appointed by the unit that administers
the procedure. In such case, the joint representative or authorized person shall
have that capacity until the parties appoint their own representative. The
parties shall have the right to lodge an appeal against the resolution of the
unit, however, the appeal shall not exclude the enforcement.
(3) Even
in the case of appointing a joint representative i.e. authorized person, each
party shall have the right to act as a party in the procedure, to give
statements and independently lodge
appeals or use other legal remedies.
5. Authorized person
Article
53
(1) The
party or its legal counsel may appoint an authorized person who shall act as
representative in the procedure, except in cases when it is necessary the party
itself to give statements.
(2) The
actions in the procedure that are taken by the authorized person, within the
limits of the authorization, shall have the same effect as if taken by the party
itself.
(3)
Besides the authorized person, the party itself shall have the right to
give statements, especially in cases when the party has to give a direct
statement.
(4) In
cases when the party is not present while its authorized person gives an verbal
statement, the party has the right, immediately upon the given statement, to
change or cancel the statement given by the authorized person. If there is a
discrepancy in the facts of the written or verbal statements given by the party
and its authorized person, the unit that administers the procedure shall assess
both statements pursuant to the provisions in Article 9 in this
Law.
Article
54
(1) Any
person that has full working abilities can be an authorized person, except
persons that are pretending to be experts.
(2) In
case it is determined that the authorized person is pretending to be expert, the
government unit shall deprive him/her of any further representation and inform
the party thereof immediately.
(3) An
appeal can be lodged against the resolution to deprive the person of further
representation. Such appeal shall not postpone the enforcement of the
resolution.
Article
55
(1) The
authorization may be written or verbal. The verbal authorization shall be
entered into a register. It shall be entered into the case file that the
authorization is verbal.
(2) An
illiterate party or a party that is not able to sign, shall put an index
fingerprint on the written
authorization instead of a signature. If the authorization is given to a person
that is not an authorized person, then the authorization shall be given in the
presence of two witnesses that will sign the authorization.
(3) In
exceptional cases, the official that administers the procedure or performs
certain activities during the procedure may allow the members of the party’s
family or household, persons that work together with the party or officials, to
perform certain activities on behalf of the party even without authorization, if
those persons are well known and there is no doubt of the existence and scope of
the authorization. In case such person requests administering a procedure or if
during the procedure such person gives a statement that is contrary to the
previously given statement, then
he/she shall be asked to present a document for authorization in a due
term.
Article
56
(1) If
the authorization was given in a form of a private document and there is a doubt
of its authenticity, then it shall be required such authorization be
validated.
(2) The
validity of an authorization shall be investigated ex officio. Any faults of the
written authorization shall be removed in accordance with the provisions of
Article 64 in this Law. The official that administers the procedure may allow
the authorized person with the invalid authorization to perform the urgent
activities in the procedure.
Article
57
(1) The
provisions of the authorization determine its contents and scope. The
authorization may be valid for the whole procedure or only for separate
activities and it may be limited in time.
(2) The
authorization shall be still valid even in case of death of the party, loosing
its legal capacity or change of its legal counsel. However, the party’s legal
successor i.e. its new legal counsel may annul the previous
authorization.
(3) The
issues regarding the authorization that are not covered by the provisions
of this law, shall be governed
pursuant to the provisions of the Law on Civil Procedure.
Article
58
The provisions of this law
that refer to the parties shall be accordingly valid
for their
legal counsel, authorized persons, temporary representatives and joint
representatives.
Article
59
(1) The
party shall be allowed to bring an expert (expert assistant) who will give
information and advice regarding expert issues in the procedure. Such person
does not represent the party.
(2) The
party shall not bring an expert assistant who has no working capabilities or who
is pretending to be expert.
CHAPTER
IV
COMMUNICATION BETWEEN THE
UNITS AND THE PARTIES
1. Documents
Article
60
(1)
Documents shall mean requests, forms used for automatic data processing,
proposals, notifications, applications, appeals, complaints and other
information that the individuals or legal entities i.e. organizations submit to
the units.
(2)
Generally, the documents shall be submitted directly or sent by mail in a
written form, or verbally presented and entered into a register. Unless
otherwise stipulated, the documents may be submitted by cable. Brief and urgent
information may be given by phone, if the nature of the work allows
that.
Article
61
The document shall be submitted each working day during the working hours
to the unit authorized to receive such document. The verbal documents that have
no time limit or are not urgent may be given in previously determined hours
during the working hours. The time determined for such verbal documents shall be
announced by each unit on a clearly visible spot in the unit’s
premises.
Article
62
(1) The
unit authorized to receive the document i.e. the verbal information shall be
obliged to receive the submitted document i.e. to register the verbal
information.
(2) The
recipient employee shall, upon a personal verbal request of the plaintiff,
certify receipt of the document. No tax shall be imposed on such
certification.
(3) In
case the unit is not authorized to receive the written document, i.e. the
registered verbal information, the official person in that unit shall warn the
plaintiff thereof and advise him/her on the authorized unit. However, if the
plaintiff, despite the warning, requests his/her document to be accepted, the
employee shall be obliged to accept such document i.e. verbal information. If
the unit finds that it is not authorized to take any action regarding the
document, then the unit shall adopt a resolution by which it shall reject the
document.
(4) If
the unit receives a document by mail and it is not authorized for such document,
then the unit shall immediately mail the document to the authorized unit or to
the court and shall advise the party thereof. In case the unit that received the
document cannot determine which unit is
authorized to act according to the document, then the unit shall adopt a
resolution and reject the document ad unauthorized. The resolution shall be
submitted to the party without a delay.
(5) The
party shall have the right to lodge an appeal against the resolution stated in
paragraphs 3 and 4 above.
(6) In
case the unit receives a complaint for initiating an administrative procedure by
mail, then it shall submit the complaint to the authorized court immediately and advise thereof the
plaintiff.
Article
63
(1) The
document shall be clear and include all necessary data so it can be acted in
accordance with the request stated in the document. The document shall
especially state: the unit to which it was addressed, the subject of the request
or the proposal, the name of the legal counsel or authorized person, if any, as
well as the name and address of the plaintiff i.e. the legal representative or
the authorized person.
(2) The
plaintiff shall personally sign the document. In exceptional cases, instead of
the plaintiff, the document may be signed by the plaintiff’s spouse, either of
his/her parents, his/her son or daughter or the attorney that was authorized by
the plaintiff to write the document. The person that signed the document instead
of the plaintiff shall write his/her full name and address at the end of the
document.
(3) In
case the plaintiff is illiterate or unable to sign the document, then the
document shall be signed by a literate person stating his/her full name and
address.
Article
64
(1) The
document may not be rejected only for the fact that it contains formal fault
that prevents any action pursuant to the document, or if the document is unclear
or incomplete. The unit that received such document shall take all necessary
steps to correct the faults and determine a term in which the plaintiff is
obliged to remove the fault. The plaintiff may be advised of the faults by
phone, or verbally if he/she happens to be present when the unit determines the
fault. The unit shall make a note on the document that the plaintiff was advised
of the fault.
(2) If
the plaintiff corrects the faults within the term determined, then the document
shall be considered as correct. In case the plaintiff fails to remove the faults
within the term determined, thus preventing any action pursuant to the document,
the document shall be considered as not submitted. Consequently, the unit shall
adopt a resolution against which an appeal can be lodged. The plaintiff shall be
explicitly warned against such a consequence in the notice for correction of the
fault.
(3) If
the document was sent by cable or if an information was given by phone and there
is any doubt that the document has actually been submitted by the person stated
on the document sent by cable, i.e. that the information given by phone was
actually given by the person that indicated his/her name, the authorized unit
shall administer a procedure to determine these facts. In case the faults are
not corrected it shall be acted pursuant to the provisions stated in paragraph 2
to this Article.
Article
65
If the submitted document states several requests that have to be settled
separately, the unit that receives
the document shall administer those requests that are within its authorization.
Regarding the remaining requests, the unit shall act pursuant to the provisions
of Article 62, paragraph 4 herein.
2. Summons
Article
66
(1) The
unit that administers the procedure shall be authorized to summon the person
that needs to attend during the procedure and resides within the region of the
unit. Generally, the purpose of the summons may not be delivery of copies of
written decisions and resolutions or giving information. The information may be
submitted by mail or some other way which is more convenient for the person to
whom the information should be given.
(2) In
exceptional cases, the person who resides out of the region of the unit may be
summoned to participate in a hearing if such summoning would accelerate or
facilitate the procedure and if the coming of the summoned person would not
cause significant expenses or losing time
for that person.
(3) The
summoning shall be done by written invitation, unless otherwise
stipulated.
Article
67
(1) The
written invitation shall state: name of the unit that issued the summons, name
and address of the summoned person, place, date and, if possible, the hour of
his/her coming, the case for which the person is being summoned and in what
capacity (as a party, witness, expert legal assessor, etc.) and what documents
or evidence the summoned person should bring with him/her. The invitation must
state whether the summoned person is obligated to come in person or he/she can
send an authorized person to represent him/her. The summons must clearly state
that in case the summoned person is prevented to come he/she is obliged to
advise the unit that issued the summons. The summoned person must also be warned
of the legal consequences in case of not responding to the summons or in case of
not informing the unit of his/hers prevention to come.
(2) The
party may be asked to submit written or other evidence when summoned regarding a
hearing or he/she may call witnesses.
(3) If
the nature of the case allows, the summoned person may, at his preference,
submit a written statement, within a determined term, instead of coming
personally.
Article
68
(1) The
unit shall ask the presence of the summoned person at a time that would not
hinder his/her regular work.
(2) No
person can be summoned during the night, except in urgent
cases.
Article
69
(1)
The summoned person shall be obliged to reply to the
summons.
(2) In
case the summoned person is hindered to come due to illness or other justifiable
circumstances, the person is obliged to immediately advise the unit that issued
the summons and if such circumstances occurred later, the person shall advise
the unit immediately upon the occurrence of such
circumstances.
*
(3) If
the person to whom the summons was handed over in person (Article 83) does not
respond or gives no justifiable reasons for not responding or not coming, the
person may be taken by force and also pay a fine up to 500 denars. Such measures
shall be taken only if they were indicated on the summons. In case of additional
charges in the procedure due to unjustified absence of the summoned person, such
charges may be imposed on the summoned person. The resolution for forced
presence or for imposing a fine or payment of charges, shall be passed by the
official that administers the procedure in accordance with the official authorized for adopting the decision,
and in case of an unit asked to
help - in accordance with the
supervisor of that unit, i.e. the official authorized to make decisions in such
cases. An appeal can be lodged against such resolution.
(4) In
case a military officer or an employee in the police is summoned and does not
respond, the unit shall address the commander of that person and request that
he/she be brought. Pursuant to paragraph 3 of this Article, the unit might
impose a fine or order payment of
the expenses.
3. Records
Article
70
(1) A
record shall be made on any hearing or other important activities in the
procedure, as well as on important statements given by the parties or third
persons in the procedure.
(2)
Generally, no record shall be made on less important activities and
statements of the parties and third persons that do not affect significantly the
decision, the administering of the procedure, the information, the official
records, verbal instructions and findings, as well as the circumstances that
concern only the activities of the unit that administers the procedure. In such
cases a note shall be made on the document itself signed by the employee that
made the note and the date shall be indicated. No records shall be made on the
verbal requests of the parties that shall be settled on the spot. Such requests
shall be noted in an appropriate way (Article 292, paragraph
3).
Article
71
(1) The
record shall include: the name of the unit that performs the activity, the place
where the activity is performed, day and hour, the names of the officials
and the parties and their legal
representatives or authorized persons that are present.
(2) The
record shall state correctly and briefly the course and the contents of the
procedure, the activities performed and the statements given. The record shall
be focused on the subject of the procedure. All documents used for any purpose
whatsoever during the hearing shall be entered into the record. If necessary,
such documents shall be enclosed to the record.
(3) If
the statements of the parties, the witnesses, the expert legal assessors that
participate in the procedure that are important for the decision, shall be
entered into the record, as precisely as possible, and, if necessary, in
their exact words. Any resolution
adopted during the procedure shall be entered in the
record.
(4) If
the hearing is performed through a translator, it shall be entered into the
records what was the language of the person that gave the statement and who as
the translator.
(5) The
record shall be made during the course of the hearing. If the hearing was not
completed the same day, each consecutive day of the hearing shall be entered in
the record with all the statements given on the particular day, duly
signed.
(6) If
the activity for which record is made could not be performed consecutively, it
shall be entered in the record that the activity was
interrupted.
(7) If
sketches, drawings, photographs designs were made during the course of the
activity, they shall be registered and enclosed in the
record.
(8) Rules
may be adopted so that the record on certain activities may be made in the form
of a book or other kinds of record keeping.
Article
72
(1) The
record shall be clear and nothing may be erased. The paragraphs that have been
crossed out shall stay legible and verified by the signature of the official
that administers the activities of the procedure.
(2)
Nothing shall be added or changed in the already signed record. Any
additional data may be entered in the supplement of he
record.
Article
73
(1) Prior
to concluding, the record shall be read to the heard persons and to the other
persons that participate in the procedure. The persons shall have the right to
look over the record personally and to
give their remarks. At the end of the record it shall be stated that the
record has been read and that no remarks were made, or, in case there were any
remarks, the text of the remarks shall be entered. The record shall then be
signed by the person that participated in the hearing or activity and certified
by the official that administered the hearing or activity and by the recording
clerk, if any.
(2) If
the record includes hearings of several persons, each of these persons shall
sign under the statement given.
(3) If
there is confrontation of witnesses,
the persons that were confronted shall sign their statements in the
record.
(4) If
the record contains several pages, each page shall be indicated by a number,
and each page shall be signed by
the official that administers the procedure and the person whose statement is
written on that page.
(5) Any
supplement of the record shall be signed and certified.
(6)
In case the person that has to sign the record is illiterate or is not
able to write, the record shall be signed by another person that shall also sign
the record. The official that administers the procedure or the record clerk
cannot sign the record instead of the illiterate person.
(7) In
case any of the persons is not willing to sign the record or leaves prior to the
conclusion of the record, then this
shall be entered together with the reason for which the record was not
signed.
Article
74
(1) The
record made in accordance with the provisions of Article 73 of this Law shall be
considered as public document. The record is a proof of the course and the
contents of the procedure and of the statements given, except for those parts of
the record on which the person made a remark as not
correct.
(2) The
correctness of the record may be contested.
Article
75
(1) If
the decisions in the administrative procedure are adopted by a managing board,
the discussion and the voting on the decision shall be entered into special
record. In case there is an unanimous decision in a procedure initiated by an
appeal, the discussion and the voting may not be entered into a record, but a
note shall state that it was an unanimous decision.
(2) Apart
from the data on the composition of the managing board, the record made on the
discussion and the voting shall include the subject of the procedure and a summary of the decision, as well as
different opinions of the members, if any. Such record shall be signed by the
president of the managing board and the record clerk.
(3) In
cases when the Assembly of the Republic of Macedonia or the units of the
Self-Government i.e. their executive units are authorized to decide in the
administrative procedure, no special record shall be made on the discussion and
the voting, but only the resolutions concerning the administrative procedure
shall be entered in the record, as well as the other resolutions of the
units.
4. Examination of Documents and Information
in the Course of the Procedure
Article
76
(1) The
parties shall have the right to examine the documents of the case and to copy
the documents they need at their own cost. The examination and the copying of
the documents shall be made under the supervision of an official
person.
(2) Any
person who has a justifiable interest to examine the documents shall have the
right to do that and copy them at his/her own expense. The public organizations
and expert associations, if they have justifiable interest, shall also have the
right to examine and copy the documents.
(3) The
request to examine and copy the documents may be made in person. The unit may
require the person to give a written or verbal statement and justify his/hers
legal interest. Such statement shall be entered into the
record.
(4) The
following documents shall not be examined or copied: the record on the
discussion and voting, official documents and draft decisions, and other
documents that are considered
confidential, if such action would frustrate the purpose of the
procedure, or if it is against the public interest, or the interest of the party
or third persons.
(5) The
party or any other person that shall have justifiable interest in the procedure,
as well as the interested government units shall have the right to get
information for the course of the procedure.
(6) In
case some of the requests stated above have been rejected, a special appeal
shall be allowed even in the case when the resolution was not given in written.
The appeal may be lodged immediately.
CHAPTER
V
DELIVERY
Article
77
(1)
Generally, the delivery of the written document (summons, decision,
resolutions and other official documents) shall be done by handing over the
document to the person to whom it was addressed.
(2)
Delivery shall be made by mail or by a process server. The person to whom
the document should be delivered may be summoned only in exceptional cases when
the nature or the importance of the written document requires that.
(3) The
way of delivery shall be determined by the unit that issued the written
document.
Article
78
(1)
Delivery shall be made in working days only, and during the
day.
(2) The
unit that issues the written document may deliver it on Sunday or on national
holidays, or even during the night on urgent occasions.
(3)
Delivery by mail may be done on Sundays or on national
holidays.
Article
79
(1)
Generally, delivery shall be made to the apartment of the person to whom
the written document was addressed or to the office or work shop where the
person is employed.
(2)
Delivery may be made out of the premises stated in paragraph 1 to this
Article if the person to whom delivery should be made agrees to accept the
written document. In case no premises exist, the delivery may be made wherever
the person finds himself.
2. Indirect Delivery
Article
80
(1) If
the person to whom the written document should be delivered is not in his
apartment, delivery shall be made to an adult person in his family. In case no
one of his family is present, then the delivery shall be made to the housekeeper
or to the neighbor if they agree to accept the document.
(2) If
the delivery is made at the office where the person works, and the person is not
present there, delivery shall be made to his/her colleague if the colleague
accepts the document. Delivery to an attorney may be done also by submitting the
document to the person employed at the attorneys office.
(3) The
delivery stated in paragraphs 1 and 2 of this Article, cannot be made to a person that participates in the
procedure as an opposed party.
Article
81
(1) If
the person to whom delivery should be made is not present and the persons stated
in Article 80 herein cannot deliver the written document on time, the document
shall be returned to the unit that issued it, stating a note where the person
is.
(2) If
the whereabouts of the person cannot be determined, the unit that issued
the written document shall nominate
a temporary legal representative, pursuant to Article 55 of this Law. The
written document shall be delivered to the representative.
Article
82
(1) If
the delivery cannot be made in the way stipulated in Article 80 of this Law, and
it was not determined whether the person to whom the delivery should be made is
absent, the process server shall deliver the written document to the authorized
unit in the municipality where the person lives, or, if delivery is made by
mail, to the post office in the region where the person lives. The process
server shall leave a note at the door of the apartment, the office or the work
shop informing the person to whom the document should be delivered where he/she
left the written document. The process server shall sign the note and state, on
the note and on the written document, the reason why he/she delivered it in that
way.
(2) By
putting the note on the door, the delivery shall be considered as executed. If
such note was later damaged or torn apart, the document shall still be
considered as delivered.
(3) The
unit that issued the written document shall be informed of the way of delivery
stipulated in paragraph 1 above.
3. Obligatory in Person
Delivery
Article
83
(1) In
person delivery of written documents shall be made to the person to whom the
document was issued in the following cases: if such delivery is stipulated by
the present Law or other regulation, if certain term starts to expire form the
day of delivery, or if such delivery has specifically determined by the unit
that instructed the delivery. If the delivery has to be made to an attorney, the
document shall be considered as delivered in person if it was handed over to the
employee in the attorney’s office.
(2) In
case the person to whom the document should be delivered in person is not at
his/her apartment, office, work shop or attorney’s office, nor the employees
that work there, the process server shall get an information when and where to
find him/her. The process server may leave a written information to the persons
stated in Article 80 herein, stating the date and hour on which the person
should be in his/hers apartment or office in order to receive the written
document. If the person to whom the written document should be handed over is
not at the apartment or the office at the previously determined date and
hour, the process server shall act
in the way stipulated in Article 82 herein and the delivery shall be considered
as executed.
(3) If
the written document is delivered to the legal representative, authorized person
or to the person authorized to receive mail (Article 85), the document shall be
considered as delivered in person.
4. Special Cases of
Delivery
A)
Delivery to the Legal Representative and the Authorized
Person
Article
84
(1) The
delivery to the legal representative or to the authorized person, if the party
has any, shall be made in the way stipulated by the provisions in Articles 77 to
83 of this Law.
(2) If
several parties have joint legal representative or authorized person for the
same case, the delivery for all parties shall be made to the legal
representative or authorized person. If the party has several authorized
persons, the delivery shall be made only to one of them.
B)
Delivery to the Person Authorized to receive Written
Documents
Article
85
(1) The
party may authorize a person that shall receive all deliveries. The party shall
advise the unit that administers the procedure of the authorization of such
person and all deliveries shall be made to that person.
(2) The
authorized person shall immediately submit to the party any document that he/she
receives.
(3) In
case the direct delivery to the party, to the authorized person or to the legal
representative would significantly slowdown the procedure, the official that
administers the procedure may instruct the party to assign, within a certain
term, an authorized person to receive the written documents in the region of the
unit. If the party does not act in accordance with such instruction, the unit
may act pursuant to Article 51 of this Law.
(4) If
the party or its legal representative is out of the country, and has no
authorized person in the Republic of Macedonia, at the delivery of the first
written document they will be asked
to authorize a person, within certain period, that shall receive the written
documents. The unit shall notify the party or the legal representative that if
they do not authorize a person that shall receive the written document, such
person i.e. temporary representative shall be officially nominated by the
unit.
(5) By
the delivery of the written document to the person authorized to receive such
documents it shall be considered that the delivery was made to the
party.
Article
86
(1) In
case more than one party participates in the procedure with the same requests
and they have no joint authorized person, they shall be obliged to notify the
unit who will be their joint authorized person that will receive the written
documents, if possible, within the region of the unit. The party that signed
first on the joint document submitted to the unit shall be considered as
authorized person until the nomination of a joint authorized person. In case no
joint authorized person is nominated, the official that administers the
procedure may nominate any party among the joint parties to act as a joint
authorized person. In case the number of the parties is large or they come form
different places, the parties may nominate i.e. the official may designate more
such authorized persons and to determine which parties each of them will
represent.
(2) The
joint authorized person is obliged to inform immediately all the parties for the
written document that he/she received and to enable them to see, copy and
certify the written document. Generally, the written document should be in the
possession of the party.
(3) The
written document that is delivered to the authorized person shall include the
names of all persons to which delivery is made.
C)
Delivery to the Government Units, Organizations and
Communities
Article
87
(1)
Deliveries to the government units, organizations and communities shall
be made by handing over of the written document to the official or a person designated
to receive written documents, unless otherwise stipulated for certain
cases.
(2) In
case business units, settlements, group of persons and others participate in the
procedure (Article 46, paragraph 2), delivery shall be made by handing over of
the written document to the person that was nominated by such parties (Article
49, paragraph 4).
(3) In
case the process server, within a certain time, cannot find a person designated to receive the written
documents, such documents may be handed over to any of the employees in that
unit or organization that will be present there.
D)
Deliveries to Other Persons
Article
88
(1)
Delivery to persons and
institutions abroad, as well as to persons that have a diplomatic immunity shall
be made through the government unit
that is authorized for foreign affairs, unless otherwise stipulated by
international agreements.
(2)
Delivery of documents such as: extracts of the registry books,
certificates, and other documents issued at the request of citizens of the
Republic of Macedonia who live abroad, may be made through the diplomatic and
consular offices of the Republic of Macedonia abroad.
(3)
Delivery to military persons, police officials and employees of the land,
river, sea and air transport may be made through the unit or the organization
where they are employed.
Article
89
(1)
Delivery to persons that are imprisoned shall be made through the
administration of the institution they are imprisoned in.
E)
Delivery by Public Announcement
Article
90
If the procedure involves a larger number of persons which are not known
to the unit or cannot be determined, the delivery shall be made by a public
announcement on the notice board of the unit that issued the written document.
Such delivery shall be considered as executed after the expiration of 15 days
from the day of putting the announcement on the notice board, unless the unit
that issued the written document determines a longer term. Beside putting the
announcement on the notice board, the unit may publish the announcement in the
newspapers, other media or some other way.
F)
Refusal of Receipt
Article
91
(1) If
the person to whom the written document should be delivered or a member of his
family refuses to receive the document, without any legal justification, or if receipt was rejected by a employee
in a government unit, organization or community, or an attorney’s office i.e. if
receipt was refused by a person authorized to receive written documents for a
settlement, group of persons and other (Article 46, paragraph 2), the process
server shall leave the written document at the apartment or the office, or stick
it on the door.
(2) If
delivery was made in the way stipulated in paragraph 1 above, the process server
shall note the day, hour and the reason for rejection of receipt, as well as the
place where he/she left the written document and the delivery shall be
considered as executed.
G)
Change of Address
Article
92
(1)
In case the party or its legal representative changes the address during
the course of the procedure, they are obliged to immediately inform the unit
that administers the procedure.
(2) If
such information was not given, and the process server, despite his/her efforts,
was not able to locate them, the unit shall determine that all further
deliveries for such party in the procedure shall be made by putting the written
document on the notice board of the unit that administers the
procedure.
(3)
Delivery shall be considered as executed upon expiration of 8 days after
putting the written document on the notice board.
(4) In
case the authorized person or the person authorized to receive written documents
changes the address during the course of the procedure, and fails to advise
thereof the unit that administers the procedure, delivery shall be made as if
such authorized person was never designated.
5. Delivery Note
Article
93
(1) The
receipt for executed delivery (Delivery Note) shall be signed by the recipient
and the delivery person. The recipient shall put the date of
receipt.
(2) In
case the recipient is illiterate or cannot sign, the delivery person shall write
the name of the recipient, the date of delivery and the reason why the delivery
note was not signed.
(3) In
case the recipient refused to sign the delivery note, the delivery person shall
write a the reason why the delivery
note was not signed and the date of delivery. Such delivery shall be considered
as executed.
(4) If
delivery was made to some of the persons stated in Article 80 of this Law, the
delivery person shall write the name of the person who received the written
document and the relation of that person with the person to whom delivery was to
be made.
(5)
If delivery was made
pursuant to Article 86 of this Law, the day of the announcement shall be stated
on the delivery note, as well as the day of delivery of the written document to
the regional office in the municipalities i.e. to the post
office.
6.
Error in Deliveries
Article
94
(1) In
case of an error in delivery, the
delivery shall be considered as executed on the day when the person to whom the
written document was addressed actually received the
document.
(2) If
the delivery note is missing, delivery may be proved by other
means.
CHAPTER
VI
TERMS
Article
95
(1) Terms
may be established for performance of certain actions in the
procedure.
(2) If
such terms are not established by law or other regulations, the official that
administers the procedure shall determine the terms depending on the
circumstance of the case.
(3) The
terms determined by the official that administers the procedure and the terms
established by the regulations may be extended at the request of the interested
party. Such request shall be submitted prior to expiration and the term shall be
extended if there are justifiable
reasons.
Article
96
(1) The
terms shall be counted in days, months and years.
(2) If
the term is determined in days, the day on which delivery was executed or the
announcement was made, i.e. the day on which the act was performed which should
be used as starting point for counting of a term, such day shall not be counted
in the term. The day that follows shall be considered as starting point for
expiration of the term. If a term is determined in months or years, such term
shall expire on the day, month or year that by its number matches that day when
the delivery was executed or the announcement was made, i.e. the day on which
the act, used as starting point for the term, took place. If such day is not
within the last month, the term shall expire on the last day of that
month.
(3) The
expiration of a term may be determined by certain calendar
day.
Article
97
(1) The
beginning and the course of a term shall not be interrupted by the Sundays and
the days of the national holidays.
(2) In
case the last day of the term is Sunday or a day of a national holiday or some
other day when the unit that has to perform the action in the procedure does not
work, then the term shall expire on the next working day.
Article
98
(1) A
document shall be considered as submitted in time, if it was received at the
adequate unit prior to expiration of the term.
(2) If
the document was mailed by registered mail or by cable, the day when the
document was mailed shall be considered as a day of submission of such
document.
(3) The
day that persons who are in the Army of the Republic of Macedonia submitted the
document to the military unit or institution or the Headquarters shall be
considered as day of submission to the unit to which it was
addressed.
(4) The
day that imprisoned persons submitted the document to the administration of the
institution they are imprisoned in shall be considered as a day of submission to
the unit it was addressed to.
(5) If
the authorized unit determined the day for hearing regarding a document that the
party has to submit, and if the party was asked to submit such document within a
previously determined term, the unit shall be obligated to consider such
document that was received prior to the hearing.
CHAPTER
VII
RETURN TO A PREVIOUS
STEP
Article
99
(1) In
case the party, justifiably, did not perform an action in the procedure within a
term, and if such omission was the reason for exclusion of the party from that
action, the party shall have the right to request and be approved to return to
the previous step.
(2) The
party that omitted to submit a document in time shall be allowed, at his/her
proposal, to return to the previous step also in cases when the party
unwillingly or by mistake submitted a document by mail or personally to a unit
which is not authorized for the case.
(3) A
return to a previous step shall be allowed in cases when the party made an
obvious mistake and failed to submit the document in time. However, if the
document was received by the authorized unit within 3 days, at the latest, upon expiration of the term, the party
shall be allowed to return to the previous step in order not to loose some of
the rights pertaining to him/her because of the delay.
Article
100
(1)
In the proposal to return to the previous step, the party is obliged to
state the and justify the circumstances that lead to the delay (Article
162).
(2) The
proposal to return to the previous step cannot be grounded on circumstances that
were previously assessed by the unit as not acceptable for extension of the term
or for postponement of the hearing.
(3) If
the return to the previous step is
requested due to failure to submit certain document, such document shall be
enclosed together with the proposal submitted by the
party.
Article
101
(1) The
proposal to return to the previous step shall be submitted within 8 days
counting from the day of the occurrence of the circumstances that lead to the
delay, and in case the party realized the omission even later, then counting
from the day when he/she learned about the omission.
(2) A
return to previous step cannot be requested upon expiration of three months from
the day of the omission.
(3) In
case of failing to observe of the term determined for the request to return to
previous step, such term cannot be extended.
Article
102
(1) The
request to return to the previous step shall be submitted to the unit where the
omitted action had to take place.
(2) The
unit that had to perform the omitted action shall adopt a resolution on the
request to return to the previous step.
(3) A
proposal that was not submitted within the term shall be rejected without
further procedure.
(4) In
case the facts that were used as basis for the proposal are generally known, the
authorized unit shall adopt the resolution without a statement and explanation
of the party.
Article
103
(1) No
appeal shall be lodged against a resolution for returning to a previous step,
except if the return was approved on the basis of a proposal that was submitted
late or ungrounded (Article 101, paragraph 3).
(2) A
separate appeal can be lodged against a resolution for denial to return to a
previous step, only if such resolution was passed by a first instance
unit.
(3) An
appeal cannot be lodged against a resolution for denial to return to a previous
step if such resolution was passed by an unit authorized to decide on second
instance issues.
Article
104
(1) The
proposal for returning to a previous step shall have no influence on the course
of the procedure. However, the unit authorized to decide on such proposal may
temporarily interrupt the procedure until the resolution regarding a proposal
becomes final.
(2) In
case a return to a previous step is allowed, the procedure shall be returned to
that step in which was prior to the omission, and all decisions and resolutions
passed by the unit regarding the omission, shall be
annulled.
CHAPTER
VIII
MAINTENANCE OF
ORDER
Article
105
(1) The
official that administers the action of the procedure shall be responsible for
the maintenance of order during the work.
(2) In
that sense, the official shall have the right to warn the persons that interrupt
the work and to take the necessary steps for proper maintenance of the
order.
(3) The
persons that participate in an action of the procedure must not carry any
weapons or dangerous objects.
Article
106
(1) If
any person, despite the warning, keeps disturbing the work and acts indecently
during the performance of the action of the procedure, such person may be
removed. The person that participates in the action of the procedure may be
removed only after a warning that he/she will be removed and after explanation
of the legal consequences of such act. A removal, resulting from a disturbance
of the order or indecency, shall be determined by the official that administers
the action of the procedure.
(2) If
any of the parties removed on the basis of the provision stated in paragraph 1
above, has no authorized person, or if the authorized person is removed and the
authorizer is not present, the official that administers the action of the
procedure shall ask the person that is being removed to designate his/her
authorized person. If such person
fails to give authorization, the official may postpone the action and the person
that refused to give authorization shall be responsible for the charges. The
official shall have the right to designate an authorized person if it considers
it necessary. Such authorized person may represent the party only for that
action of the procedure when the party was removed.
Article
107
(1) Any
person that causes a major disturbance of the order or a serious inconvenience,
may, besides the removal, be punished with a fine of up to 5.000
denars.
(2) Such
penalty shall not exclude the criminal or disciplinary
responsibility.
(3) The
penalty stated in paragraph 1 above may be imposed on a person that, by his/hers
submitted document, shall cause a
serious violation of the customary conduct towards the unit or the official that
administers the procedure.
Article
108
(1) The
pecuniary penalty imposed for actions stated in Article 107, paragraph 1 of this
Law, shall be determined by the official that administer the action of the
procedure, and the penalty imposed for actions stated in Article 107, paragraph
3 shall be determined by the unit that administers the
procedure.
(2) A
separate appeal may be lodged against the resolution to impose a penalty. The
appeal against a resolution to
impose a penalty for disturbance of
the order, shall not postpone the
execution of the penalty.
CHAPTER
IX
EXPENSES OF THE
PROCEDURE
1. Expenses of the Unit and the
Parties
Article
109
(1) The
special expenses in cash of the unit that administers the procedure, such as:
travel expenses of the officials, the expenses for witnesses, legal assessors,
translators, inspectors and other, that occurred during the administering of the
procedure regarding an administrative issue shall be generally covered by those
persons who instituted the whole procedure.
(2) In
case the person that participates in a procedure, by his/hers own guilt or
impudence, causes expenses in certain actions of the procedure, such person
shall be responsible for covering of the expenses.
(3) If
the procedure was initiated by official duty and if such procedure was completed
favorably for the party, the expenses of the procedure shall be covered by the
government unit that initiated the procedure.
Article
110
(1)
Generally, each party shall cover his/her own expenses that occurred
during the procedure, such as: travel expenses, loss of working days, expenses
for taxi, legal representatives and expert advise.
(2) If
two or more parties having opposed interests are involved in the procedure, the
party that initiated the procedure and lost the case, shall compensate the
expenses for the opposed party to a reasonable extent. In case some of the
parties partly succeeds in their request, that party shall compensate for the expenses of the
opposed party proportionally to that part of the request that such party did not
succeed. The party that by rudeness caused expenses to the opposed party in the
procedure, shall be obliged to compensate such expenses to the other
party.
(3) The
expenses for legal representation shall be compensated only in cases when such
representation was necessary and justified.
(4) The
request for compensation of the expenses, pursuant to the provisions of
paragraphs 2 and 3 of this Article, must be lodged on time so that the unit that
administers the procedure may decide on such request together with the final
decision. The official that administers the procedure is obliged to inform the
party to make the request for compensation in time.
(5) Each
of the parties shall cover their own expenses if the procedure was solved by
settlement, unless otherwise stipulated by the settlement
agreement.
(6) The
expenses of the party and other persons caused in a procedure instituted
officially or for the public interest, and such expenses were not caused by the
conduct of the party i.e. the other persons, shall be covered by the unit that
instituted the
procedure.
Article
111
The expenses of the procedure regarding the implementation shall be
covered by the party that lost the case. If such expenses cannot be charged from
the party that lost the case the expenses shall be covered by that party that
initiated the procedure.
Article
112
If the procedure is initiated at the request of the party and it can be anticipated
with certainty that such procedure
shall cause special cash expenses (regarding the control, legal assessment,
arrival of witnesses, etc.), the unit that administers the procedure may adopt a
resolution according to which the party shall be obliged to deposit in advance
an adequate amount of money that shall cover such expenses. If the party does
not deposit that amount within a determined term, the unit may cancel research
regarding the evidence or may cancel the procedure, unless further performance
of the procedure is in the public interest.
Article
113
(1) The
unit that administers the procedure shall determine who shall cover the charges of the
procedure, the amount of the expenses and the term for payment of the expenses.
All this shall be included in the final decision that completes the
procedure.
(2) The
final decision shall also state whether the person that will cover the expenses
shall also compensate the expenses
of the other party (Article 110, paragraphs 2 and 3).
(3) In
case the expenses of the procedure have to be covered by several persons, such
expenses shall be divided equally among them, i.e. according to adequate
proportions.
(4) In
case the unit does not decide on the expenses, it shall make a note in the final
decision that special resolution shall be adopted regarding the
expenses.
Article
114
(1) The
witnesses, legal assessors, interpreters and officials shall have the right to
compensation of their expenses, such as: travel expenses, food and
accommodation, and compensation of their daily allowance. The legal assessors
and the interpreters, beside compensation of the expenses, shall have the to a
special fee.
(2) The
witnesses, legal assessors and interpreters shall make their requests for
compensation i.e. fee at the hearing, interpretation or during the expertise
assessment. Otherwise they will loose that right. The official that administers
the procedure shall inform the witnesses, the legal assessor or the interpreter
of that possibility.
(3) The
amount of the compensations shall be determined by a special resolution of the
unit that administers the procedure. Such resolution shall also state who is responsible to
pay the compensations and what is the term for payment. A separate appeal may be
lodged against such resolution. The implementation shall be a based on the
resolution.
Article
115
(1) The
compensation for the expenses of the witnesses, legal assessors and
interpreters, i.e. the special fees
of the legal assessors and interpreters, the way of payment and collection of
the compensation and fees, as well as exemption from payment of expenses shall
be determined in accordance with the regulations of the
Republic.
(2)
Regarding the compensations of the officials, the regulations that refer
to such persons shall be applied.
2. Exemption from Payment of
Expenses
Article
116
(1) The
party may be, partly or completely, exempted from payment of the expenses if the
unit that administers the procedure finds that the party cannot cover such
expenses without prejudice to the essential support of the party and his/her
family. On the proposal of the party, the unit shall adopt a resolution on the
exemption, using the certificate on
the possessions and earnings of the party. Such certificate shall be issued by
the authorized municipality administrative unit or the regional office of the
authorized government unit.
(2) The
exemption from payment of expenses shall refer to exemption from taxes, charges
of the unit that administers the procedure, as well as the traveling expenses of
the officials, expenses for the witnesses, legal assessors, interpreters,
control, advertisements, etc. and exemption from advance deposit covering the
expenses.
(3) The
foreign citizens shall be exempted from payment of the expenses only on the
condition of reciprocity. In case of any doubt regarding the existence of the
reciprocity, an opinion shall be given by the administrative unit authorized for
foreign affairs. Regarding the request for an opinion, the provisions of Article
38, paragraph 4 shall be valid.
Article
117
The unit that administers the procedure may cancel, during the course of
the procedure, its resolution on exemption of the party for covering of the
expenses if the unit determines that the reasons for such exemption of the party
no longer exist.
Article
118
The party shall have the right to lodge a separate appeal against the
resolution by which the unit rejected exemption of the party of covering the expenses, as well as against the
resolution stated in Article 117 of this Law.
SECOND
PART
FIRST INSTANCE
PROCEDURE
CHAPTER
X
INSTITUTION OF THE PROCEDURE
AND REQUESTS OF THE PARTIES
1. Institution of the
Procedure
Article
119
The administrative procedure shall be instituted by the authorized unit
according to an official duty or on request of the party.
Article
120
(1) The
authorized unit shall institute a procedure by official duty in cases stipulated
by law or rules based on law and in cases when it finds that the existing
circumstances are such that impose institution of a procedure in order to
protect the public interest.
(2) In
case of instituting an administrative procedure by official duty, the authorized
unit shall take into consideration the documents submitted by the citizens and
organizations, if any, and the warning of the unit.
Article
121
(1) The
administrative procedure shall be considered as instituted if the authorized
unit performed any act with the purpose to administer the
procedure.
(2) If
the authorized unit determines that according to the existing regulations the
request of the party is not grounded and there are no conditions for instituting
a procedure, the unit shall adopt a resolution. A separate appeal may be lodged
against such resolution.
Article
122
In cases when, pursuant to the law or the nature of the issue, a request
for instituting and administering a procedure must be presented by a party, the
authorized unit may institute and administer a procedure only if such request
exists.
2. Joining of Issues into one
Procedure
Article
123
(1)
If the rights or responsibilities of the parties are based on the same or
similar circumstances and facts and on the same legal grounds, and if the unit
that administers the procedure has a genuine authority, then one procedure may
be instituted and administered even if such procedure will cover the rights and
responsibilities of several parties.
(2) One
or more parties, under the same conditions, may present more different requests in
one procedure.
(3) In
such cases, the authorized unit shall adopt separate resolution for
administering of one procedure. An appeal may be lodged against such resolution,
unless the resolution was adopted by the second instance
unit.
Article
124
The authorized unit may institute an administrative procedure by public
announcement against larger number of persons that are unknown to the unit or
cannot be determined, and such persons may have the status of parties in the
procedure, if the request against them is basically the
same.
Article
125
(1) In
case one procedure is administered, as stated in Article 123 above, or if the
procedure was instituted by a public announcement, as stated in Article 124 of
this Law, each of the parties shall act independently in the
procedure.
(2) The
resolutions adopted in such procedure by which certain measures shall be taken
against the parties, must clearly state what measures shall be valid for each of
the parties, unless if the parties jointly participate in the procedure with
identical requests or if otherwise stipulated by law.
3. Amendment of the
Request
Article
126
(1) The
party may, even after the institution of the procedure, but prior to the final
decision of the first instance unit,
supplement the request, or present a new request instead of the previous
one, notwithstanding whether such supplemented or amended request is based on the same legal
grounds, however, on the condition
that such request has essentially the same circumstances and facts as a
basis.
(2) The
unit that administers the procedure shall adopt a resolution in case it does not
allow the request to be supplemented or changed. An appeal may be lodged against
such resolution.
4. Abandonment of a
Request
Article
127
(1) The
party may abandon his/her request during the course of the whole
procedure.
(2) If
the procedure has been instituted by request of the party and the party abandons
his/hers request, the unit that administers the procedure shall adopt a
resolution for cancellation of the procedure. The opposed party, if any, shall
be advised of the cancellation of the procedure.
(3) In
case further administering of the procedure is necessary for the public
interest, or if the opposed party requests further administering of the
procedure, the authorized unit shall continue administering the
procedure.
(4) In
case the procedure was instituted by official duty, the unit may cancel the
procedure. If such procedure could have been instituted by request of a party,
the procedure shall continue if the party requests that.
(5) An
appeal may be lodged against a resolution to cancel the
procedure.
Article
128
(1) The
party shall abandon his/her request by a statement given to the unit that
administers the procedure. The party may revoke the abandonment of the request
until the moment the unit adopts a resolution for cancellation of the procedure
and informs the party of such resolution.
(2)
Certain acts or omissions of the party may be considered as his/her
abandonment of the request, only in cases when this is stipulated by
law.
(3) In
case the party abandoned its request after the final decision has been made by
the first instance unit, and prior to expiration of the term for an appeal, the
resolution for cancellation of the procedure shall annul the final decision of
the first instance unit, only if such decision was made, completely or partly,
in favor of the party. If the party abandoned its request after lodging an
appeal, and prior to the decision was made regarding the appeal, the resolution
for cancellation of the procedure shall also annul the final decision of the
first instance unit by which the request of the party was, partly or completely,
settled in favor of the party, if the party completely abandoned the request.
Article
129
The party that abandoned the request shall be obliged to cover all
expenses that occurred up to the moment of the cancellation of the procedure,
unless otherwise stipulated by special regulations.
5. Settlement
Article
130
(1) In
case two or more parties participate in the procedure having opposed requests,
the official that administers the procedure shall endeavor, during the course of
the whole procedure, to arrange a settlement of the parties, completely or at
least on certain controversial issues.
(2) The
settlement must always be precise
and clear and not against the public interest, ethics or the legal interests of third
persons. The official person that administers the procedure shall be obliged to
observe the above conditions. In case it is determined that the settlement was
made against the public interest, ethics or against the legal interests of third
persons, the unit that administers the procedure shall reject such settlement
and adopt a special resolution.
(3) The
settlement shall be entered into a record. The settlement shall be considered as
concluded when the parties, after the record on the settlement has been read to
them, sign the record. The certified copy of the record shall be submitted to
the parties if they ask for it.
(4) The
settlement shall have the effect of an executive decision in the administrative
procedure.
(5) The
unit that arranged the settlement shall adopt a resolution by which, if
necessary, the procedure shall be
partly or completely canceled.
(6) In
case the resolution for cancellation, i.e. continuation of the procedure is not
in accordance with the settlement, an appeal may be lodged against such resolution.
CHAPTER
XI
THE COURSE OF THE PROCEDURE
PRIOR TO ADOPTING THE FINAL DECISION
A. General Principles
1. General Provisions
Article
131
(1) All
facts and circumstances relevant for the final decision shall be determined
prior to making the final decision. The parties shall be allowed to exercise and
protect their rights and legal interests.
(2) This
can be done in a shortened procedure (urgent procedure) or in a special
investigation procedure.
Article
132
(1) The
official person that administers the procedure may, during the course of the
whole procedure, supplement the
facts and derive evidence of those facts that were previously not presented or
have not been determined with certainty.
(2) The
official person that administers the procedure shall instruct by official duty
derivation of each piece of evidence if he/she finds it necessary for
clarification of the case.
(3) The
official person that administers the procedure shall officially gather all data
and facts which can be found in the
official records of the unit that is authorized to adopt a decision. The
official shall also gather data that are officially recorded by other government
units, organizations and communities.
Article
133
(1) The
party shall be obliged to present precisely, correctly and truly all facts which
represent a basis for his/her request.
(2) In
case the facts are not generally known, the party shall be obliged to give
evidence and, if possible, present exhibits for his/her allegations. If the
party does not present the evidence and exhibits, the official that administers
the procedure shall ask the party to do that. The party shall not be asked to
present evidence which can be more efficiently and easily gathered by the unit
that administers the procedure, nor to present certificates which the units are
not obliged to issue, pursuant to Article 168 of this Law.
(3) In
case the party does not present the
evidence within the additionally granted term, the unit shall not have the right
to reject the request of the party as if it were not presented (Article 64,
paragraph 2), but it shall be obligated to administer the procedure and to adopt
a final decision in accordance with the rules of the
procedure.
Article
134
(1)
Generally, the party shall make the statements verbally. However, the
party may make written statements.
(2) If
the case is complex or if extensive expert explanation is needed, the official
that administers the procedure may instruct the party to submit a written
statement, within a resonable term. In such cases the party shall also have the
right to ask for a permission to submit written statement.
(3) If
the party was instructed or allowed to submit a written statement, such party
shall not be deprived of the right to make a verbal statement as
well.
Article
135
If, during the course of the procedure, a person that previously did not
participate in the procedure as a party requests to participate in the procedure
as a party, the official that administers the procedure shall examine the person’s right to act as a
party and adopt a resolution. An appeal may be lodged if the resolution does not
allow such capacity to that person.
Article
136
The official that administers the procedure shall be obliged to inform
the party about his/her rights in the procedure and to indicate the legal
consequences regarding his/her actions or omissions in the procedure.
2. Shortened Procedure (Urgent
Procedure)
Article
137
(1) The
unit may directly settle the issue in a shortened (urgent) procedure
if:
1)
the party furnished facts or evidence in the request that will serve as a
basis for determining the actual situation of the issue or if such position may
be determined on the basis of generally accepted facts or facts that are known
to the unit;
2)
the actual situation may be determined on the basis of official data that
are handled by the unit and there is no need for special testimony of the party
for the purpose of protection of his/her rights or legal
interests;
3)
there are cases, stipulated by regulations, pursuant to which the issue
may be solved on the basis of facts or circumstances that are not completely
proven or such facts and circumstances may be proven only indirectly, so that
the facts and circumstances shall be considered as probable, and all the
circumstances lead to the conclusion that the request of the party should be
solved positively;
(4) there
is a need to undertake urgent measures to protect the public interest, and the
facts that should be used as a basis for adopting the decision have been already
determined or, at least, justified.
(2) The
decisions stated in item 1 and 2, paragraph 1 to this Article may be processed
by a computer.
3. Special Investigation
Procedure
Article
138
(1) A
special investigation shall be administered when certain facts and circumstances
have to be determined that are significant for clarification of the case or in
order to give the parties a chance to
exercise and protect their rights and legal
interests.
(2) The
course of the investigation procedure shall be determined by the official that
administers the procedure, depending on the circumstances of each individual
case, in accordance with the provisions of this Law and the regulations that refer to the specific
case.
(3)
Within these limits, the official that administers the procedure shall:
decide what activities shall be executed in the procedure and give orders for
their execution; determine the schedule
for execution of certain actions and the terms for their execution,
unless the terms have been previously determined by law; set up hearings and
interrogations and make all arrangements needed; decide which evidence and
exhibits shall be used; and decide on all proposals and
statements.
(4) The
official that administers the procedure shall decide whether the hearing and
evidence shall be made separately on each individual disputable issue or jointly
for the whole case.
Article
139
(1) The
party shall have the right to participate in the investigation and, for the
purposes of the procedure, give necessary data, as well as protect the rights
and interests pertaining to him/her according to the law.
(2) The
party may present facts that might have influence on the final outcome of the
case and contest the allegations that are not in accordance with his/her
testimony. The party shall have the right, up to the moment of the final
adoption of the decision, to supplement and elaborate his/hers allegations, and,
if this is done after the hearing, the party shall be obliged to justify the
reasons for not doing so on the hearing.
(3) The
official that administers the procedure shall be obliged to give the possibility
to the party to: elaborate on all circumstances and facts that have been
furnished during the investigation and on the proposals and presented evidence;
participate in presentation of the evidence and ask the other parties, witnesses
and legal assessors through the official that administers the procedure, or, by
consent of the official, ask the questions directly, as well as learn about the
results of the presentation of the evidence, and give his/her opinion. The authorized unit shall not adopt a
decision prior to giving the party an opportunity to elaborate on the facts and
circumstances that are relevant for the decision if the party was not previously given
the chance to give his/her opinion on such facts and
circumstances.
4. Previous
Issue
Article
140
(1) If
the unit that administers the procedure finds an issue that is essential for the
adoption of the decision, and such issue shall represent an independent legal
issue that has to be decided by an
authorized court or unit (previous issue), the unit may, pursuant to the
provisions of this Law, decide on that issue alone, or interrupt the procedure
until such issue has been decided by an authorized unit. A resolution shall be
adopted for the interruption of the procedure. An appeal may be lodged against
such resolution, unless the resolution was adopted by an appellate unit.
(2) If
the unit adopted a decision on the previous issue, such decision shall have
legal effect only in the case for which it was adopted.
(3) In
case of criminal act and criminal responsibility of the offender, the unit that
administers the procedure shall be obligated by the legally valid verdict of the
criminal court by which the defendant was found guilty.
Article
141
(1) The
unit that administers the procedure must interrupt the procedure if the previous
issue refers to a criminal act, existence of marriage, identification of paternity or in cases established by
law.
(2) If
the previous issue refers to a criminal act, and there is no possibility for
criminal prosecution, the unit that administers the procedure shall decide on
the issue.
Article
142
If there is no need to interrupt the procedure due to previous issue, as
stated in Article 141 in this Law, the unit that administers the procedure may
consider the previous issue and adopt a decision as a part of the remaining
case.
Article
143
(1) If
the unit that administers the procedure does not consider the previous issue as
stated in Article 146 in this Law, and the procedure for deciding on the
previous issue, that can be administered only officially, has still not been
initiated by the authorized body, the unit shall require institution of a procedure by the authorized
unit.
(2) In
case the party requests adoption of a decision regarding a previous issue, the
unit that administers the procedure may adopt a resolution and instruct one of
the parties to request institution of a procedure by the authorized body for
deciding on the previous issue. The unit shall determine a term in which the
party shall be obliged to submit the request and present an evidence for such
request. The unit that administers the procedure shall inform the party on the
consequences if the party fails to act pursuant to the instruction. The term for
instituting a procedure for a previous issue shall start to expire from the
day when the resolution becomes
effective.
(3) In
case the party does not present an evidence that he/she requested institution of a procedure regarding a
previous issue, it shall be considered that the party abandoned the request for
the procedure and the unit that administers the administrative procedure shall
cancel the procedure. If the opposed party did not act pursuant to the
instructions, the unit shall continue the procedure and adopt a decision
regarding the previous issue.
(4) An
appeal may be lodged against the resolution adopted pursuant to paragraph 2 of
this Article.
Article
144
The procedure that was interrupted because of a previous issue that had
to be decided by the authorized unit, shall be resumed after the decision
becomes final and valid.
5. Hearing
Article
145
The official that administers the procedure shall set up, by his own
initiative or on proposal of the party, a hearing whenever this would be useful for
clarification of the case. A hearing must be set up in cases
when:
1)
there are two or more parties in the case having opposed interests;
or
2)
the witnesses or legal assessors should be interrogated i.e. present
their legal assessments.
Article
146
(1) The
hearing shall be public.
(2) The
official that administers the procedure may close the hearing for the public,
completely or partially, if:
1)
there are ethical reasons or for protection of the public
security;
(2) there
is a serious and direct danger that the hearing shall be
jeopardized;
(3) the
relations in certain family matters are to be heard;
(4) the
circumstances that have to be heard are considered to be official, business,
professional, scientific or artistic secret.
(3) The
proposal for closing the hearing for the public may be given by the interested
party.
(4) A
resolution shall be adopted for closing the hearing for the public. Such
resolution shall be elaborated and given in public.
(5) The
resolution shall obligatorily be public.
Article
147
(1) The
hearing shall not be closed for the parties, their authorized persons and expert
advisors.
(2) The
official that administers the procedure may allow presence of certain officials,
experts and public figures at a closed hearing if this is in the interest of
their work. The official that administers the procedure shall inform these
persons that they are obliged to consider the hearing as
confidential.
Article
148
(1) The
unit that administers the procedure shall be obliged to make all necessary
arrangements to set up the hearing on time and, if possible, without
interruptions.
(2) The
persons that shall be summoned to the hearing must be allowed a sufficient
period of time in order to prepare for the hearing and come on time without
additional expenses. Generally, the summoned persons shall have a period of 8
days from the submitting of the summons to the hearing.
Article
149
If certain designs, documents and objects are to be presented on the
hearing, such objects shall be put at disposal for the summoned persons. The
time and place when such objects can be examined shall be clearly stated on the
summons.
Article
150
(1) The
hearing shall be made public by the unit that administers the procedure when:
there is a possibility that certain summons could not be submitted on time,
there is a probability that there are interested persons that could be parties
or there are some other similar reasons.
(2) The
public notification of the hearing shall include all data that have to be stated
on the summons, as well as an invitation for anyone who considers that the case
refers to his/her legal interests. Such notification shall be made in the way
stipulated by Article 94 in this Law.
Article
151
Generally, the hearing shall be held at the offices of the unit that
administers the procedure. In case of inquiry on the spot, the hearing may be
held at the place of the inquiry. The unit that administers the procedure may
determine another place for the hearing if this would decrease the expenses and
contribute to efficient and easy handling of the case.
Article
152
(1) At
the opening of the hearing, the official that administers the procedure shall
determine who of the summoned persons is present. In case there are absent
persons, the official shall check whether the summons were duly
submitted.
(2) In
case some of the parties that have not been previously heard (interrogated) do
not come to the hearing and it cannot be determined whether the summons was
delivered correctly, the official who administers the procedure shall postpone
the hearing. The hearing shall not be postponed in cases when it was made public
in time.
(3) If
the party that requested institution of the procedure does not come to the
hearing, although he/she was duly summoned, and the circumstances clearly imply that the
party abandoned the request, the unit that administers the procedure shall
cancel the procedure. An appeal may be lodged against the resolution for
cancellation. In case it cannot be assumed whether the party abandoned the
request, or whether the procedure has to be officially continued in the public
interest, the official, depending on the facts of the case, shall carry out the
hearing without that person or postpone the hearing.
(4) If
the party against which the procedure was instituted does not come to the
hearing, although he/she was duly summoned, the official who administers the
procedure may carry out the hearing without the party or may postpone the
hearing, at the party’s expense, if this is necessary for solving the
case.
Article
153
(1) If
the party, despite the information on the consequences, does not give any
comments during the hearing, it shall be considered that the party has no
comments. If the party gives comments after the hearing, the unit that
administers the procedure shall take such comment into consideration if this
would have an effect on the procedure and the decision, and if such comment was
not given after the hearing only to delay the procedure.
(2) In
case the party that was summoned by public notification did not come to the
hearing, and gives his/her comments after the hearing, such comments shall be
taken into consideration only on the condition stated in paragraph 1 of this
Article.
Article 154
(1) The
facts relevant for the investigation shall be considered and determined at the
hearing.
(2) If
the facts cannot be presented and considered in one hearing, the official who
administers the procedure shall interrupt the hearing and schedule another one
as soon as possible. The continuation of the hearing shall be made in accordance
with the provisions for setting up of hearings and such provisions may be
verbally announced to the persons present at the hearing. The time and place of
the continuation of the hearing shall be also announced. When opening the
continuation of the hearing, the official shall give a summary on the previous
course of the hearing.
(3) If
written evidence should be presented additionally, there shall be no need to
schedule another hearing. However, the party shall have the possibility to give
comments on the evidence.
B. Presentation of
Evidence
1. General Provisions
Article
155
(1) The
facts relevant for making the decision shall be established by presentation of
evidence.
(2)
Anything appropriate for determining the circumstances shall be used as
evidence. Such evidence may be: personal identification documents, i.e. a
microfilm copy of the document or photocopy of the document, witnesses,
testimony of the party, legal assessors, inquiries.
Article
156
(1) The
official that administers the procedure shall determine whether certain fact
should be substantiated by evidence or not, depending on the importance of such
fact for the final decision. Generally, evidence shall be presented in cases
when the facts are disputable and need to be proven.
(2) There
shall be no need to prove facts that are generally known.
(3) Also,
there is no need to prove facts that are presupposed by the law. However, it is
not allowed to prove the nonexistence of such facts, unless otherwise stipulated
by law.
Article
157
In case it is not possible to present evidence at the unit or if such
presentation implies loss of time or large expenses, certain facts may be proven
by another unit asked for assistance in such cases.
Article
158
If, pursuant to the regulations, the case may be solved on the basis of
facts or circumstances that are not fully substantiated by evidence or the
evidence only party proves the facts (possible facts and circumstances), the
presentation of evidence shall not be connected to the stipulations of this
Law.
Article
159
(1) In
case the unit that administers the procedure is not familiar with the rules and
regulations valid in the foreign country, the unit may get information with the
unit authorized for legislature.
(2) The
unit that administers the procedure may ask the party to submit a document
issued by the foreign agency that shall confirm what law is valid in the foreign
country. Unless otherwise stipulated by international agreements, it shall be
allowed to prove the foreign law that is contrary to such
document.
2. Documents
Article
160
(1) The
document issued in the proper legal form by the authorized government unit,
which can be adapted for computer processing, as well as the document issued in
such form by an organization or community that performs its activities on the
basis of official authorizations (official document), shall prove the facts that
are certified or established by the document.
(2)
Evidences presented in the form of microfilm copy or photocopy of the
document shall be considered as equal to the documents stated in paragraph 1
herein, if such microfilm copy or photocopy of the document was issued by an
authorized government unit, i.e. organization or community that performs its
activities on the basis of official authorizations.
(3) It
shall be allowed to prove that the document, i.e. the microfilm copy or
photocopy of the document certifies facts that are not true or that the document
itself or the microfilm copy or photocopy of the document has been incorrectly
issued.
(4) It
shall be allowed to prove that the microfilm copy or photocopy of the document
is not true to the original.
Article
161
If certain parts of the document have been crossed out, erased or
inserted, or if there are some other obvious additional corrections on the
document, the official that administers the procedure shall assess whether and
to what extent such document presented as evidence is invalid, or the document is completely unacceptable
to be presented as
evidence.
Article
162
(1) The
documents that are to be used as evidence shall be submitted by the parties or shall be
acquired by the unit that administers the procedure. The party may present the
hard copy of the document, the microfilm copy or photocopy of the document, the
certified copy or plain copy of the document. If the party presents a certified
copy of the document, the official that administers the procedure may ask the
party to show the original document. If the party presents a plain copy of the
document, the official shall determine whether the copy is true to the original.
The microfilm copy or photocopy of the document that has been duly issued by the
authorized unit or by the organization or community that performs its activities
on the basis of official authorizations, shall be valid as evidence in the
administrative procedure and shall be equal to the original document, as stated
in Article 160, paragraph 1 of this Law.
(2) In
case certain facts or circumstances have been already established by the unit
that was authorized to do so, or if such facts and circumstances are clearly
proven by the document (such as personal identification card, and extract of the
Registry Book), the unit that administers the procedure shall consider the facts
and circumstances as already proven. If the issue refers to acquiring or loosing
certain rights, and there is a probability that such facts and circumstances
have been changed, or have to be proven on the basis of special rules, the
official that administers the procedure shall ask the party to furnish separate
evidence for such facts and circumstances or the unit may acquire them by
itself.
Article
163
(1) The
official that administers the procedure may invite the party that cites a
certain document as evidence to present such document if he/she is in possession
of such document or if he/she can
acquire it.
(2) If
such document is in possession of the opposed party, and the party is not
willing to present or show it, the official person that administers the
procedure shall invite that party
to present or show the document at the hearing so that the other parties
may give comments.
(3) If
the party invited to present or show such document fails to act according to the
instruction, the unit that administers the procedure, considering all
circumstances of the case, shall evaluate the significance of such document for
the final decision of the case.
Article
164
If the document that has to be presented as evidence can be found with
certain government unit, organization or community that has official
authorization to decide on administrative issues, and the party that cited such
document was not able to provide it, the unit that administers the procedure
shall officially provide such document.
Article
165
(1) If
the document is in possession of a third party, and such party is not willing to
show it voluntarily, the unit that administers the procedure shall adopt a
resolution and invite such person to show the document, so that the parties may
give their comments.
(2) The
same reasons given when refusing to testify may be stated when refusing to
present the document.
(3) The
same procedure shall be taken against a person that unreasonably refuses to show
the document as against a person
that refuses to testify.
(4) The
third party shall have the right to appeal against the resolution that instructs
him/her to show the document, as well as against the resolution for penalty due
to refusal to show the document. Such appeal shall postpone the implementation
of the resolution.
(5) The
party that cites a document as evidence that is in possession of third party
shall be obliged to cover the expenses of the third party regarding the
presentation of the document.
Article
166
(1)
According to the Constitution of the Republic of Macedonia, the laws, the
statutes of the municipalities and the city communities, the party shall have
the right to present documents in the language of the nation, i.e. the minority
group he/she belongs to (Article 15).
(2) The
documents that have been issued in foreign language shall be submitted, if
necessary, together with a certified translation.
(3) The
documents issued by foreign agencies, which are valid as official documents in
the country they were issued, shall have, in accordance with the conditions of
reciprocity, the same probatory force as the local official documents, if they
are legally certified.
2. Certificates
Article
167
(1) The
government units shall issue certificates or other documents (certificates,
attestations) to prove the facts that are officially
filed.
(2) Under
the conditions stated in paragraph 1 above, the organizations and communities
shall issue certificates or other documents on the facts regarding the
activities they perform pursuant to their official
authorization.
(3) The
certificates or other documents that prove the facts which are officially filed,
shall be issued in accordance with the data stated in the official files. Such
certificates or other documents
shall have the validity of an official document.
(4)
Official files shall mean the files that have been established by rules,
i.e. by general rules and regulations of the organization or the community that
has official authorizations.
(5) The
certificates or other documents on the facts that are officially filed, shall be
issued on verbal request of the party, usually, on the same day when the party
requested such certificate or other document, and latest by 15 days, unless the
rule referring to the official files stipulates otherwise.
(6) If
the units stated in paragraph 1 and 2 of this Article, refuse the request for
issuance of a certificate or other document, they shall be obliged to adopt a
separate resolution on that. If the units do not issue a certificate or other
document within 15 days from the day of the request, or they do not adopt a resolution and submit
it to the party, it shall be
considered that the request has been rejected.
(7) If
the party, on the basis of evidence, considers that the certificate or other
document has not been issued in accordance with the data listed in the official
files, the party may request correction of the certificate or other document.
The unit shall be obliged to adopt a resolution in case it refuses the request
of the party to correct the certificate or issue a new certificate or other
document. In this case, also, the new certificate or other document shall be
issued within 15 days from the day of the request. If the new certificate or
other document was not issued within this term it shall be considered that the
request was refused.
Article
168
(1) The
government units, i.e. the organizations and communities shall issue the
certificates or other documents regarding facts that are not filed officially if
this possibility is stipulated by law. In such cases the facts shall be
determined in accordance with the procedure established by the provisions of
this Chapter.
(2) The
certificate or other document issued in the way stipulated in paragraph 1 of
this Article, does not obligate the unit to which the certificate was presented
as evidence to take the facts as granted. This unit may redefine the facts
stated in the certificate or other document.
(3) The
certificate or other document shall be issued to the party, i.e. the resolution
regarding the refusal of the party’s request shall be adopted and submitted
within 30 days from the day of the request. Otherwise, the request of the party
shall be considered as refused.
3. Witnesses
Article
169
(1) A
witness may be any person who was capable of noticing the fact and give a
testimony regarding that fact.
(2) The
person that participates in the procedure in the capacity of an official cannot
be a witness.
Article
170
Any person asked to act as a witness shall be obliged to respond to the
summons and testify, unless otherwise stipulated by this
Law.
Article
171
Any person that by his/her testimony would violate the duty to keep an
official, state or military secret cannot be interrogated as witness until the
moment such person is freed from the duty by the authorized
unit.
Article
172
(1) The
witness may refuse to testify if:
1)
by giving certain answers the witness would disgrace himself or cause
significant material loss or
criminal action against him/her, his/her close relative (blood relative) or
third cousin, his/her spouse or the spouse’s relative up to second cousin, even
in cases when the marriage was divorced, as well as to his/her guardian or
foster child or adoptive parent or child;
2)
by giving certain answers he/she would violate the obligation i.e. the
right to keep a business, professional, scientific or artistic
secret;
3)
he/she has to testify on facts that the party confided to him/her as an
authorized person;
4)
the witness is a religious confessor to whom the party confessed certain
facts.
(2) The
witness may be relieved of the duty to give a testimony on certain other facts
if he/she provides acceptable reasons. If necessary, the witness shall have to
furnish evidence to prove such reasons.
(3) The
witness may not refuse to testify, stating material loss as reason, on legal
proceedings in which he/she participated as witness, notary or intermediary, on
actions that he/she has undertaken regarding the dispute in the capacity of a
legal predecessor or representative of one of the parties, as well as on any
action for which he/she is obliged
to submit a report or to give a statement, in accordance with separate
rules.
Article
173
(1) The
witnesses shall be heard separately, without the presence of those witnesses
that shall be heard later.
(2) The
witness may not leave the room without the permission of the official that
administers the procedure.
(3) The
official that administers the procedure may hear the witness that has been
already heard, and confront the witnesses whose testimonies are
contradictory.
(4) The
witness who cannot respond to the summons, due to illness or physical
disability, shall be heard in his/her apartment.
Article
174
(1) The
witness, prior to his/her testimony, shall be informed that he/she is obliged to
say the truth, that he/she may not suppress anything and that his/hers testimony
may be given under oath. The witness shall also be informed of the consequences for giving
a false statement.
(2) The
personal data of the witness shall be taken as follows: name, profession,
address, place of birth, age and marital status. If necessary, the witness shall
be asked to explain his/her capacity as a witness in the case and especially
his/her relations with the parties.
(3) The
official that administers the procedure shall inform the witness in which cases
he/she may refuse to testify.
(4) Then
the witness shall be asked questions regarding the case.
(5) It is
not allowed to ask questions suggesting the answer.
(6) The
witness shall always be asked about the source of the information he gives in
the testimony.
Article
175
(1) In
case the witness cannot speak the language in which the procedure is being
administered, he/she shall be heard through a interpreter.
(2) If
the witness is deaf, the questions shall be written, and in case he/she is dumb
he/she shall give written answers. If the hearing cannot be performed in this
way, the witness shall be heard through a person that can understand the
witness.
Article
176
(1) After
hearing the witness, the official that administers the procedure shall decide
whether the witness should give a testimony under oath. A witness that is under
age or cannot understand the meaning of an oath shall not be asked to give
testimony under oath.
(2) The
oath shall be verbal as follows: “I hereby give an oath that I have spoken the
truth and, as far as I know, I have not suppressed anything regarding the
case”.
(3) The
literate deaf witnesses shall give
an oath by signing the text of the oath, and the dumb witnesses shall read the
text of the oath. If the dumb or deaf witnesses are illiterate they shall give
an oath through an person that understands them.
NOTE: (referring to
paragraph 2)
The text of the oath should be checked in the Law on Civil Procedure and
the Law on Criminal Procedure in order to bring them into
concord.
Article
177
(1) If
the witness who was duly summoned
does not come and gives no justifiable reason for his absence, or leaves
the place of the hearing without any permission or justifiable reason, the unit
that administers the procedure may instruct that such witness be summoned by force. In this case the
witness shall cover the expenses for his/her summoning and may be punished with
a fine up to 5.000 denars.
(2) In
case the witness refuses to testify and gives no justifiable reason, despite the
information on the consequences for such refusal, the witness may be punished
with a fine up to 5.000 denars. If the witness still refuses to testify he/she
may be punished with another fine up to 5.000. The resolution for such fine
shall be adopted by the official that administers the procedure in accordance
with the official authorized to adopt the decision regarding the case, and in
case of a unit asked to assist - in
accordance with the commander of that unit i.e. with the official person
authorized to decide in such cases.
(3) If
the witness gives acceptable reasons
for his absence later, the official that administers the procedure shall
cancel the resolution regarding the fine and the compensation of the expenses.
If the witness agrees to testify later, the official may cancel the resolution
regarding the fine.
(4) The
official that administers the procedure may adopt a decision by which he/she
shall instruct the witness to cover the expenses caused by his/her absence or
refusal to testify.
(5) An
appeal may be lodged against the resolution regarding the covering the expenses
and the fine.
4. Statements of the
Party
Article
178
(1) In
case there is no direct evidence to confirm certain facts or such facts cannot
be determined on the basis of any other kind of evidence, the party may give a
verbal statement that may be considered as evidence to prove certain facts. The
party’s statement may be used as evidence in some facts of minor importance, if
such facts should be determined by hearing of a witness that lives in distant
place, or if the rights of the
party would be impeded if some other evidence had to be provided.
(2) It
may be stipulated by law that in other cases, beside those stated in paragraph 1
of this Article, certain facts can be proven by a statement given by the
party.
(3) The
truthfulness of the party's statement shall be assessed according to the
principle stipulated by Article 9 in this Law.
(4) Prior
to making the statement, the official that administers the procedure shall
inform the party of the criminal and material responsibilities in case of false
statement.
5. Legal
Assessors
Article
179
If the official that administers the procedure has no expert knowledge on
a fact that is important for the decision, such fact shall be determined or
assessed by legal expert assessment.
Article
180
(1) If
the costs of the legal assessment would
be proportionally higher compared to the importance or the worthiness of
the case, the issue shall be settled on the basis of other
evidence.
(2) In
the case stated in paragraph 1 above, the legal expert assessment shall be
performed if the party requests such assessment and agrees to cover the
expenses.
Article
181
(1) In
order to provide evidence by legal assessment, the official that administers the
procedure shall, officially or by proposal of the party, designate a legal
expert assessor; however, if the official determines that the assessment is
complex, then he/she may designate two or more legal expert
assessors.
(2) The
designated legal assessors shall be experts, especially those that have been
specially authorized to give expert opinion regarding certain issues of the
adequate profession.
(3)
Usually, the party shall be asked to give its opinion on the person that
shall be designated as legal assessor.
(4) A
person that cannot act as a witness shall not be designated as legal expert
assessor.
Article
182
(1) Any
person that has the necessary expert knowledge and education shall be obliged to
act as a legal assessor, unless the official that administers the procedure
relieves the expert due to justifiable reasons, such as unavailability due to
too many assignments as legal assessor, other assignments and other
reasons.
(2) The
manager of the agency or the organization where the legal assessor is employed
may request his/her relief of the duty to give legal expert
assessment.
Article
183
(1)
The legal assessor may refuse to give legal expert assessment for the
same reasons as the witness may refuse to testify.
(2) The
legal assessor that is employed at a government unit may, on the basis of
special regulations, be relieved of the duty to give legal
assessment.
Article
184
(1)
Regarding the exemption of the legal assessors, the provisions on
exemption of the official persons shall be valid.
(2) The
party may request exemption of the legal assessor if he/she proves the
circumstances that question the expert knowledge of the legal
assessor.
(3) The
official that administers the procedure shall adopt a resolution on the
exemption of the legal assessor.
Article
185
(1) Prior
to giving the legal assessment, the legal assessor shall be informed that he/she
is obliged to carefully consider the subject of the assessment and in the report
he/she should give the exact findings, as well as give his/her expert opinion
impartially in accordance with the scientific and expert
knowledge.
(2) The
official that administers the procedure shall present to the legal assessor the
exhibits on which he/she should give an opinion.
(3) The
legal assessor shall then elaborate his/her findings and expert opinion. The
official that administers the procedure and the parties shall have the right to
ask questions and require explanation on the findings and expert opinion of the
legal assessor.
(4)
Regarding the testimonies of the legal assessor, the provisions of
Article 174 in this Law shall be valid.
(5) The
legal assessor shall not take an oath.
Article
186
(1) The
legal assessor may be instructed to give an expert assessment prior to the
hearing. In such case the legal assessor may be required to elaborate his/her
written report and expert opinion.
(2) If
more than one legal assessors are designated, they may give a joint report and
opinion. In case there is an disagreement, each of them shall separately
elaborate his/her findings and expert opinion.
Article
187
(1) If
the report and the opinion of the legal assessor are not clear or complete, or
if they differ significantly, or the opinion has not been entirely elaborated,
or there is a justifiable distrust in the correctness of the given opinion, and
if such shortcomings cannot be eliminated even by a renewed hearing of the
assessors, the assessment shall be renewed with the same or other legal
assessors, or an opinion may be asked by some other scientific or expert
institution.
(2) An
opinion by a scientific or expert organization may also be asked in instances
when the case is very complex or there is a need for an analysis in order to get
an expert and precise report and opinion.
Article
188
(1) If
the legal assessor who was duly invited does not come, and gives no justifiable
reasons for his/her absence, or if he/she comes but refuses to give assessment,
or does not submit his/her written report and opinion within the term
determined, the legal assessor may be punished with a fine of 5.000 denars. If
additional expenses of the procedure occurred because of the unreasonable
absence of the legal assessor, or his/her refusal to give expert assessment or
because of his failure to present the written report and opinion in time, the
legal assessor may be instructed to pay such expenses.
(2) The
resolution for payment of the expenses of a fine shall be adopted by the
official person that administers the procedure in accordance with the official
authorized to adopt a decision on the case, and if there is an unit asked to
help - in accordance with the commander of that unit or the official authorized
to decide in such cases.
(3) In
case the legal assessor gives justifiable reasons for his absence later, or if
he/she gives acceptable reasons for not submitting the written report and
opinion in time, the official that administers the procedure shall cancel the
resolution for the fine or the payment of expenses, and if the legal assessor
agrees to give his/her expert opinion later, the official may cancel the
resolution for payment of the fine.
(4) An
appeal may be lodged against the resolution for payment of a fine or of the
expenses adopted pursuant to paragraph 1 or 2 of this
Article.
6. Interpreters
Article
189
The provisions stipulated in this Law regarding the legal assessors shall
apply to the interpreters.
7. Inquiry on the
Spot
Article
190
An inquiry on the spot shall be made when there is a need to determine
certain fact or to clarify essential circumstances by direct observance of the
official that administers the procedure.
Article
191
(1) The
parties shall have the right to attend at the inquiry at the place. The official
that administers the procedure shall determine what other persons beside the
parties shall attend the inquiry.
(2) The
inquiry on spot may be performed by participation of legal
assessors.
Article
192
The inquiry on the spot of the object that can be brought at the place
where the procedure is being administered shall be done at that place.
Otherwise, the inquiry shall be made at the place where the object is
located.
Article
193
(1) The
owner or holder of the objects, the premises or the land that has to be
observed, or where the objects are located, or the land where it should be
passed, such owner or holder shall be obliged to allow performance of the inquiry.
(2) If
the owner or holder does not allow the inquiry on spot to be made, the
provisions regarding the refusal to testify shall apply.
(3) The
same measures stipulated against a witness that refuses to testify (Article 177,
paragraphs 2, 3 and 4) shall apply for the owner or holder that without any
justifiable reason does not allow the inquiry on the spot to be
made.
(4) If
any damage occurs during the inquiry on the spot, such expenses shall be
included in the overall expenses of the procedure (Article 109, paragraph 1) and
the damage shall be compensated to the owner or holder. The resolution regarding
compensation of the damage shall be adopted by the unit that administers the
procedure. An appeal may be lodged against such
resolution.
Article
194
The official that administers the inquiry on the spot shall take care
that the inquiry shall not be misused and that no business, professional,
scientific or artistic secret shall be disclosed.
8. Provision of
Evidence
Article
195
(1) If
there is any reasonable doubt that some evidence cannot be presented or that its
presentation shall be difficult, such evidence may be presented at any stage of
the procedure, even prior to the institution of the procedure, in order to
assure that the evidence shall be presented.
(2) The
presentation of the evidence shall be performed officially or on the proposal of
the party, i.e. the person that has a legal interest in the
procedure.
Article
196
(1) The
unit that administers the procedure shall be responsible for furnishing of the
evidence during the course of the procedure.
(2) In
case the evidence has to be furnished prior to the institution of the procedure,
the unit that is within the region where the relevant objects are located, or
the region where the persons that have to be heard reside, shall be authorized
to furnish the evidence.
Article
197
(1) A
separate resolution shall be adopted on furnishing of the
evidence.
(2) An
appeal may be lodged against the resolution by which the proposal for furnishing
the evidence has been rejected. This appeal shall not interrupt the course of
the procedure.
CHAPTER
XII
DECISION
1. An Unit that Adopts a
Decision
Article
198
(1) On
the basis of the facts established in the procedure, the authorized unit shall
adopt a decision.
(2) If
the decision is adopted by a managing board, such decision shall be adopted by
the majority votes of its members, unless otherwise stipulated by law or other
regulations especially regarding the majority. Special regulations shall be
valid for decisions adopted by executive committees (executive
boards).
Article
199
If there are cases stipulated by law or other regulations based on law,
when certain issue may be decided by two or more units, each of these units
shall be obliged to adopt a decision.
The units shall have to agree which of them shall issue the decision. The
text of the decision shall state the decisions of the other
units.
Article
200
(1) In
cases when it is stipulated by law or other regulations based on law that the
decision should be adopted by one unit with prior consent of another unit, the
decision shall be adopted only after the consent of the other unit has been
given. The unit that adopts the decision shall be obliged to state the document
by which the other unit gave or refused its consent, i.e. the unit shall state
that such consent was not given nor refused by the other unit within the
stipulated term.
(2) In
cases when it is stipulated by law or other regulations based on law that the
decision shall be adopted by one unit by consent of another unit, the unit that
adopts the decision shall make the text of the decision and together with the
document of the case the unit shall send it to the other unit that shall give
its consent by a confirmation on the decision itself or by issuance of a
separate document. In such case the decision shall be considered as adopted only
after the other unit gives its consent, and the decision shall represent a
document issued by the unit that adopted it.
(3) The
provisions of the previous paragraph shall apply in cases when it is stipulated
by law that the decision shall be adopted by one unit upon a confirmation or
approval of another unit.
(4) In
cases when it is stipulated by law or other regulations that the authorized unit
is obliged to acquire an opinion by another unit prior to adopting the decision,
such decision can be adopted only after the opinion has been
provided.
(5) The
unit that has to give its opinion needed for adoption of the decision, shall be
obliged to reply within one month from the day the opinion or consent was asked,
unless other terms have been stipulated by
special rules. If the unit authorized to adopt the decision does not receive any
information about the consent or refusal of the other unit, it shall be
considered that the consent was given, and if no opinion is given, the
authorized unit may adopt a decision even without such opinion, unless otherwise
stipulated by other
rules.
Article
201
In case the official that administered the procedure is not authorized to
adopt a decision, the official shall submit a draft decision to the unit
authorized to adopt a decision. The official shall sign the draft of the
decision.
2. Contents and Supplements of the
Decision
Article
202
(1) Any
decision shall be titled as such. In exceptional cases, it may be stipulated by
special rules that the decision may have another title.
(2) The
decision shall be written. In exceptional cases, stipulated by this Law or by
special rules passed on the basis of this Law, the decision may be
verbal.
(3) The
written decision shall comprise: introduction, enacting clause, statement of
reasons (comments), instructions on the legal remedies, the name of the unit and
the number and date of the decision, signature of the official and the unit’s
stamp. In cases stipulated by law or by regulations passed on the basis of this
Law, the decision may not contain some of these parts. If the decision is
written on a typing machine, a facsimile may be used instead of a signature and
a stamp.
(4) Even
if there is a verbal decision, such decision must be issued in a written form
also, unless otherwise stipulated by law or by a regulation passed on the basis
of a law.
(5) The
original or a certified copy of the decision must be submitted to the
party.
Article
203
(1) The
introduction of the decision shall comprise: the name of the unit that adopted
the decision, the regulation
regarding the authority of that unit, name of the party and his/her legal
representative or authorized person, if any, and summary of the issue of the
procedure.
(2) If
the decision was adopted by two or more units, or by consent, confirmation or
opinion of another unit, this shall be stated in the introduction. If the
decision was adopted by a managing board, the date of the session on which the
decision was adopted shall be stated in the introduction.
Article
204
(1) The
enacting clause shall include the decisions regarding the case as a whole and
decisions regarding all requests submitted by the parties that have not been
decided on separately during the procedure.
(2) The
enacting clause must be brief and precise. If necessary, it may be divided in
several items.
(3) The
enacting clause may include the decision regarding the expenses of the
procedure, if any, determine their amount, who will pay them, to whom and in
what term. If the enacting clause does not include a decision regarding the
expenses, it shall be stated that a separate resolution shall be adopted
regarding the expenses.
(4) If
the decision includes instructions for performance of certain actions, the
enacting clause shall state the term for performance of such
actions.
(5) If it
is stipulated that the appeal shall not postpone the implementation of the
decision, such stipulation shall be stated in the enacting
clause.
Article
205
(1)
Regarding simple cases in which only one party participates, or in simple
cases with two or more parties participating, but none of the parties
appeals to the request, and the
request has been approved, then the statement of reasons (comment) of the
decision shall be only a brief explanation of the party's request and a reference to the legal
regulations that were applied for deciding on the case. In such cases the
decision may be issued on a regular form.
(2) In
other cases the comments shall include: brief explanation of the parties'
request, the facts of the case, and, if needed, the circumstances that were
essential for the assessment of the evidence, the reasons for not accepting some
of the requests of the parties, the legal regulations and the principles that,
considering the facts of the case, lead to the decision stated in the enacting
clause. If the appeal does not affect the implementation of the decision, the
comments shall include the rule that stipulates such possibility. The comments
of the decision must state the resolutions against which no appeal can be
lodged.
(3) In
cases when, pursuant to the law or other rule based on law, the authorized unit
shall have the authority to decide on the case at its own discretion, such unit
shall be obliged to state in the statement of reasons the provisions of the rule
and the principles that were essential for adopting the decision, as well as the
data stated in paragraph 2 above. Such principles may not be stated in cases
when for protection of the public interest it is explicitly stipulated by
law.
(4) If it
is explicitly stipulated that the
decision adopted at the units own discretion may not state the principles
essential for the adoption of the decision, the statement of reasons shall
include the data stated in paragraph 2 above, the regulation by which the unit
is authorized to decide on the case at its own discretion and the regulation by
which the unit is authorized not to state the principles that were essential for
the adoption of the decision.
Article
206
(1) The
instructions on the legal remedies the party shall be advised whether he/she
shall have the right to lodge an appeal or to institute an administrative
dispute or other court proceedings against the decision.
(2) If an
appeal may be lodged against the decision, the instructions shall state to what
unit such appeal may be lodged, in what term and the amount of the tax that has
to be paid when presenting the appeal. The instructions may also state that the
appeal may be given verbally and entered into the records.
(3) If an
administrative dispute may be instituted against the decision, the instructions
shall state to which court the plea should be presented and in what term, and in
case of other court proceedings the instructions shall state what court should
be addressed and in what term.
(4) If
the instructions given in the decision are incorrect, the party may act
according to the valid regulations or according to the instructions. There shall
be no prejudice for the party if it acts according to the incorrect
instructions.
(5) If no
instructions or incomplete instructions are given in the decision, the party may
act according to the valid regulations or may require of the unit that adopted
the decision to amend the decision. In such case the term for the appeal or
court plea shall start to expire from the day of the amended
decision.
(6) If an
appeal may be lodged against the decision and the party has been wrongly
instructed that an appeal is not permitted, or that an administrative dispute
may be instituted, the term for the appeal shall start to expire from the day of
the court’s decision by which the plea has been rejected as illicit, unless the
party previously lodged an appeal to the authorized unit.
(7) If no
appeal may be lodged against the decision, and the party has been wrongly
instructed that an appeal may be lodged against the decision, and the party has
lodged an appeal and therefore failed to observe the term for institution of an
administrative dispute, such term shall start to expire from the day of the
decision for rejection of the party’s appeal, unless the party previously
instituted an administrative dispute.
(8) The
instructions on the legal remedies, as a separate integral part of the decision
(Article 202, paragraph 3) shall be stated after the statement of
reasons.
Article
207
(1) The
decision shall be signed by the official that adopts it.
(2) The
decision adopted by a managing board shall be signed by the president of the
managing board, unless otherwise stipulated by this Law or by special
rule.
(3) If
the managing board adopted a complete decision, the parties shall receive a
certified copy of the decision, and if the case was solved by adoption of a
resolution, the decision shall be issued in accordance with such resolution and
the parties shall receive a certified copy of such
decision.
Article
208
(1) If
the case refers to a number of individuals, one decision shall be adopted for
all individuals. However, the names of each person shall be stated in the
enacting clauses and the statement of reasons shall include the reasons that
refer to each of the persons. Such decision shall be submitted to each
individual, except in cases stipulated in Article 90 of this
Law.
(2) If
the case refers to a number of individuals that are not known for the unit, one
decision shall be adopted for all individuals. However, such decision must
include some data which shall clearly imply to what persons the decision refers
(for example, citizens or owners of property in particular
street).
Article
209
(1) In
less important cases in which the request of the party has been approved, and
the public interest or the interest of other persons has not been jeopardized,
the decision shall include only the
enacting clause stated as a note, if the reasons for such decision are
obvious, unless otherwise stipulated.
(2)
Generally, such decision shall be conveyed verbally to the party, and if
the party requires, it shall be issued in a written form.
(3)
Generally, such decision
shall not include a statement of reasons, except if the nature of the case
implies that it is necessary to include a statement of reasons. Such decision
may be issued on a special form.
Article
210
(1) In
case of very urgent measures that have to be taken for protection of the public
order and security or for elimination of situations that endanger the lives and
health of the people or the possessions, the authorized unit, i.e. the
authorized official in the unit (Article 32) may adopt a verbal
decision.
(2) The
unit that adopted a decision in accordance with paragraph 1 above may instruct
immediate implementation of the decision.
(3) The
unit that adopted a verbal decision, at the party’s request, shall be obliged to
submit a written decision within eight days form the day of the request. Such
request may be submitted within two months form the day of the verbal
decision.
3. Partial, Supplementary or Interim
Decision
Article
211
(1) If
the case includes several items and only some of them have been considered and
are ready to be decided on, if reasonable, the authorized unit may adopt a
separate decision regarding only these items.
(2) The
partial decision regarding to the legal remedies and the implementation shall be
considered as independent decision.
Article
212
(1) If
the authorized unit has not decided on all issues subject of the case, the unit
may, on proposal of the party or officially, adopt a separate decision on the
issues that have not been previously decided on (supplementary decision). In
case the proposal of the party for adoption of a supplementary decision has been
rejected, an appeal may be lodged against such resolution.
(2) If
the case has been considered to certain point, the supplementary decision may be
adopted without renewed investigation.
(3) The
supplementary decision regarding the legal remedies and the implementation shall
be considered as independent decision.
Article
213
(1) If
the circumstances of the case imply that it would be necessary to adopt a
decision that would temporarily settle some disputable issues or relations prior
to the completion of the procedure, such decision shall be adopted on the basis
of the facts that exist at the moment of its adoption. Such decision must
explicitly state that it is an interim decision.
(2) The
adoption of the interim decision on the proposal of a party may be conditioned
by an amount that shall be
deposited by the party for covering of the expenses that might be imposed to the
opposed party due to the implementation of such decision, especially if the
original request of the proposer was not accepted.
(3) The
main decision adopted generally after completion of the procedure, shall cancel
the interim decision adopted during the course of the
procedure.
(4) The
interim decision regarding the legal remedies and the implementation shall be
considered as independent decision.
4. Term for Issuing a
Decision
Article
214
(1) In
cases when the procedure has been instituted on request of the party or
officially in the interest of the party and there is not need for an
investigation nor there are other reasons that prevent the adoption of a
decision (deciding on previous
issue or other), the authorized unit shall be obliged to adopt a decision and
submit it to the party as soon as possible, or within one month, at the latest,
counting from the day the request has been submitted, i.e. from the day of the
institution of the official procedure, unless other shorter term has been
stipulated by a special rule. In other cases when the procedure has been
instituted on request of the party or officially in the interest of the party,
the authorized unit shall adopt a decision and submit it to the party within two
months, at the latest, unless other shorter term has been stipulated by a
special rule.
(2) If
the authorized unit does not adopt a decision, against which an appeal may be
lodged, and does not submit it within the stipulated term, the party shall have
the right to lodge an appeal, as if his/her request was
rejected.
(3) If
the authorized unit has no possibility to adopt the decision within the
stipulated term (one or two months), it shall be obliged to inform the party and
state the reasons for not adopting the decision within the stipulated
term.
(4) The
authorized unit shall be obliged to
determine a new term for adoption of the decision, or to instruct the party to
take legal action against the inefficiency of the
administration.
5. Correction of Errors in the
Decision
Article
215
(1) The
unit that adopted the decision i.e. the official that signed it or issues it
may, at any time, correct the errors made in the names or numbers, spelling or
calculations, as well as other obvious errors in the decision or its certified
copies. The correction of an error shall generate a legal action from the day
stated in the corrected decision.
(2) A
separate resolution shall be adopted regarding the correction. The note
referring to the correction shall be entered in the original of the decision
and, if possible, in all certifies copies submitted to the parties. The note
shall be signed by the official person that signed the resolution for the
correction.
(3) An
appeal may be lodged against the resolution for correction of the decision or
against the proposal for correction of the decision.