GOVERNMENT OF THE REPUBLIC OF SERBIA MINISTRY OF PUBLIC ADMINISTRATION AND LOCAL SELF-GOVERNMENT
WORK INFORMATION BOOKLET
MINISTRY OF PUBLIC ADMINISTRATION AND LOCAL SELF-GOVERNMENT
1 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014
Contents of the Work Information Booklet of the Ministry of Public Administration and Local Self-Government
1. Basic Information on the State Body and the Work Information Booklet...... 3 2. Organisational Structure...... 4 3. Description of Positions of Heads...... 26 4. Rules Related to Operational Transparency...... 27 5. List of Most Frequently Required Information of Public Importance...... 28 6. Description of Competences, Authorisations, and Obligations...... 32 7. Description of Activities within Competences, Authorisations, and Obligations33 ...... 8. Regulations Applied by the Ministry...... 39 9. Services Provided by the Ministry to the Interested Parties...... 45 10.Service Provision Procedure...... 46 11.Overview of Data on Provided Services...... 73 12.Data on Revenues and Expenditures...... 75 13.Data on Public Procurements...... 78 14.Data on State Assistance...... 79 15.Data on Paid Salaries, Wages and Other Earnings...... 79 16.Data on Operational Assets...... 81 17.Information Carrier Keeping...... 81 18.Possessed Information Types...... 81 19.Information Types for which the Ministry Enables Access...... 82 20.Information on Requests Submission for Accessing Information...... 83
2 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 1. BASIC INFORMATION ON THE STATE BODY AND THE WORK INFORMATION BOOKLET
The Work Information Booklet of the Ministry of Public Administration and Local Self- Government is made in accordance with Article 39 of the Law on Free Access to Information of Public Interest (“Official Gazette of RS’’, No. 120/04, 54/07, 104/09 and 36/10) and in accordance with Guidelines for Publishing Work Information Booklet of a State Body (“Official Gazette of RS’’, No. 68/10).
The Ministry of Public Administration and Local Self-Government was established on 26th April 2014, in accordance with Articles 2 and 35, paragraph 1, point 2) of the Law on Ministries (“Official Gazette of RS’’, No. 44/14).
The Work Information Booklet of the Ministry of Public Administration and Local Self- Government was first published on 2nd October 2014.
The Work Information Booklet is available in electronic form in the online presentation of the Ministry of Public Administration and Local Self-Government at www.mduls.rs under the name “Work Information Booklet’’. Electronic and printed copy of the Work Information Booklet can be obtained at the Ministry of Public Administration and Local Self-Government, Birčaninova 6, Secretariat of the Ministry, Department of General Legal Affairs and Public Procurement Affairs. The Minister is liable for the accuracy and completeness of the data in the Information Booklet, its correct preparation and publishing, and regular updating.
The headquarters of and data on the Ministry:
Ministry of Public Administration and Local Self-Government Birčaninova 6, Belgrade Identification Number: 17855255 PIN: 108512042
On the premises of the Ministry in Birčaninova No. 6, there is a Cabinet Office of the State Secretaries, Deputy Ministers, and Assistant Ministers for the Sector for Public Administration, Labour and Legal Relations and Salaries, Sector for Human and Minority Rights, and Registers, Sector for Normative Affairs, and Sector for European Integrations, International Cooperation and Projects. On the premises of the Ministry in Vlajkovićeva No. 10, there is a Cabinet Office of the Assistant Ministers for the Sector for Local Self-Government.
Bodies within the Ministry: - Administrative Inspectorate; - Directorate for eGovernment. The Work Information Booklets of the mentioned bodies within the Ministry are available at the site of the Ministry of Public Administration and Local Self-Government. 3 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 2. ORGANISATIONAL STRUCTURE
Article 35, paragraphs 18 and 19 of the Law on Ministries (''Official Gazette of RS'', No. 44/14) stipulates the following: The Ministry of Public Administration and Local Self-Government takes over the staff and appointed persons from the Ministry of Justice and Public Administration, as well as the rights, obligations, objects, equipment, resources for work and archives for exercising the competences in the field of public administration. The Ministry of Public Administration and Local Self-Government takes over the staff and appointed persons from the Ministry of Regional Development and Local Self-Government, as well as the rights, obligations, objects equipment, resources for work and archieves for exercising the competences in the field of local self-government.
The Rulebook on the internal organisation and systematisation of job positions in the Ministry of Public Administration and Local Self-Government Number: 110-00-62/2014-02 from 24th July 2014, approved by the Government with the Conclusion 05 Number 110- 9249/2014 from 21st August 2014, entered into force on 29th August 2014. For the performance of work within the perview of the Ministry, basic internal units have been established: 1. Sector for Public Administration, Labour and Legal Relations and Salaries; 2. Sector for Local Self-Government; 3. Sector for Human and Minority Rights, and Registers; 4. Sector for European Integrations, International Cooperation and Projects; 5. Sector for Normative Affairs. Within the Ministry, as a separate internal unit, the Secretariat of the Ministry has been established; as a specific internal unit the Internal Audit Group has been established.
SECTOR FOR PUBLIC ADMINISTRATION, LABOUR AND LEGAL RELATIONS AND SALARIES SECTOR FOR SECTOR FOR PUBLIC PUBLIC ADMINISTRATION, ADMINISTRATION, LABOUR AND LABOUR AND LEGAL LEGAL RELATIONS AND RELATIONS AND SALARIES SALARIES
Group for Public Department of Public Group for Public Department of Public Administration Administration Administration Administration System and Reform System and Reform Department of Department of Labour Organisation and Implementation and Department of Department of Labour Organisation and Implementation and Salaries and Legal Relations Work of Public Professional Salaries and Legal Relations Work of Public Professional Administration Bodies Development Administration Bodies Development
4 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Assistant Minister – Ivana Savićević
Phone: + 381 11 2685 344; +381 11 2685 389 Fax: + 381 11 2685-315 Е-address: drzavna.uprava @mduls.gov.rs
The Sector for Public Administration, Labour and Legal Relation and Salaries performs the work related to: public administration system, except the preparation of regulations; organisation and work of the ministries and special organisations, except the preparation of regulations; coordination, monitoring, evaluation and reporting on the implementation of strategic documents regarding the reform of public administration, state administration and Open Government Partnership; state licence examinations; professional development of state bodies staff; surveillance of the expediency of work of professional services of administrative districts, monitoring the competences of the staff and giving instructions; employment and salaries; negotiations with trade unions; proposing the adoption of and participation in the preparation of laws and other regulations within the purview of the Sector and other activities within the purview of the Sector. Within the Sector for Public Administration, Labour and Legal Relations and Salaries the following special internal units have been established: 1. Group for Public Administration System and Organisation and Work of Public Administration Bodies; 2. Department of Public Administration Reform Implementation and Professional Development; 3. Department of Salaries; and 4. Department of Labour and Legal Relations.
Group for Public Administration System and Organisation and Work of Public Administration Bodies
Head of the Group – Tatjana Čabak
Phone: + 381 11 2685 344; +381 11 2685 389 Fax: Е-address: [email protected]
The Group for Public Administration System and Organisation and Work of Public Administration Bodies performs the work related to: public administration system, except the preparation of regulations; organisation and work of the ministries and special organisations, except the preparation of regulations; participation in the preparation of laws and other regulations from the field of public administration system and organisation and work of ministries and special organisations; monitoring, analysis and promotion of internal organisation and systematisation of job positions in public administration bodies and bodies on which the regulations from the field of internal organisation of public administration bodies apply; surveillance of the expediency of work of professional services of administrative districts, monitoring the competences of the staff and giving instructions; preparation of reports in the reporting process on the implementation of the ratified bilateral and multilateral agreements and 5 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 European Integrations from the aspect of public administration system; preparation of opinions, analyses and information within the purview of the Group; proposing relevant measures for the promotion of state in the field and other activities within the purview of the Group. Department of Public Administration Reform Implementation and Professional Development
Head of the Department - Phone: + 381 11 Fax: + 381 11 Е-address:
The Department of Public Administration Reform Implementation and Professional Development performs the work related to: participation in the preparation of the development strategy and action plans in the field of public administration reform; participation in the preparation of the action plan for the implementation of the Open Government Partnership; professional activities for the needs of the Public Administration Reform Council; preparation of reports in the European integrations process from the aspect of the implementation of development strategies and action plans in the field of public administration reform and the Open Government Partnership; professional development of the staff from the state bodies; participation in the preparation of laws and other regulations regarding professional development of the staff from the state bodies and state licence examination; participation in the preparation of the development strategy and action plans in the field of professional development of the staff from the state bodies; state licence examinations; preparation of the opinions, analyses and information within the purview of the Department; proposing relevant measures for the promotion of the state in the field and other activities within the purview of the Department. Department of Salaries Head of the Department - Phone: + 381 11 Fax: + 381 11 Е-address:
The Department of Salaries performs the work related to: monitoring the state in the field of the salaries determination and calculation system in the state bodies, public agencies and public services and local self-government units and autonomous provinces; preparation of professional basis for the adoption of regulations in the field of salaries; participation in the preparation of the regulations in the field of salaries; consideration of financial effects of the laws and other regulations on the increase or the decrease of the budget expenditures for salaries; severance pay; coordination of activities of competent ministries for adoption of regulations confirming the elements for calculation of salaries; preparation of the analysis, reports and information regarding the salaries of budget resource users; proposing relevant measures for the promotion of the state in the field; preparation of the analysis and information within the purview of the Department and other activities within the purview of the Department. Department of Labour and Legal Relations Head of the Department – Goran Božić Phone: + 381 11 2686-786 6 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Fax: + 381 11 Е-address: [email protected]
The Department of Labour and Legal Relations performs the work related to: monitoring the state in the field of labour relations in state bodies, public agencies and public services; monitoring the state in the field of labour relations in local self-government units and autonomous provinces; preparation of professional basis for the adoption of the regulations in the field of labour and legal relations; initiation of changing the regulations determining the labour and legal relations; participation in the preparation of regulations in the field of labour and legal relations; preparation of the analysis, reports and information regarding the labour and legal relations; proposing relevant measures for the promotion of the state in the field; preparation of the analyses and information within the purview of the Department and other activities within the purview of the Department.
SECTOR FOR LOCAL SELF-GOVERNMENT
Sector Sector for for Local Local Self- Self- GovernmentGovernment
Group for Coordination of Department of Analytical Tasks, Group for Coordination of Department of Analytical Tasks, Decentralisation of the Republic of Surveillance, Organization and Decentralisation of the Republic of Surveillance, Organization and Serbia and Strengthening the Promotion of Local Self- Serbia and Strengthening the Promotion of Local Self- Capacity of Local Self- Government System Capacity of Local Self- Government System Government Units Government Units
Assistant Minister – Saša Mogić
Phone: + 381 11 333 4125 Fax: + 381 11 333-4201 Е-address: [email protected]
The Sector for Local Self-Government performs the work related to: local self- government system and territorial autonomies; territorial organisation of the Republic; elections for the local self-government bodies; surveillance of the legality of operations and acts of local self-government units; professional development of the staff from the bodies of local self- government units and other activities regarding the strengthening and promotion of the capacities 7 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 of local self-government units; cooperation of local self-government units with local self- government units of other countries; conducting the procedure for professional training for communal police activities; encouragement and coordination of cooperation between local self- government units, local self-governments, and state bodies of interest for local self-government development, participation in the preparation of the Strategy of Decentralisation of the Republic of Serbia in line with the European standards and experience of the developed European countries, as well as the need to continue the process of democratisation in Serbia through the process of decentralisation; monitoring and studying the experience of other countries in the process of decentralisation; monitoring and studying the legislation of the Republic of Serbia of importance for decentralisation and other activities within the purview of the Sector. Within the Sector for Local Self-Government the following specific internal units have been established: 1. Department of Analytical Tasks, Surveillance, Organisation and Promotion of Local Self-Government System, and 2. Group for Coordination of Decentralisation of the Republic of Serbia and Strengthening the Capacity of Local Self-Government Units.
Department of Analytical Tasks, Surveillance, Organisation and Promotion of Local Self- Government System
Head of the Department – Nada Dojčinović Phone: + 381 11 333 4218 Fax: + 381 11 333-4201 Е-address: [email protected]
The Department of Studies and Analyses, Surveillance, Organisation and Promotion of Local Self-Government System performs the work related to: local self-government system and territorial autonomies; elections for local self-government bodies; approving in line with the law; provision of opinions on laws and other regulations proposed by other public administration bodies; monitoring the implementation of regulations and the preparation of opinions within the purview of the Department; surveillance of the legality of acts and operations of local self- government units; area of the territorial organisation of the Republic; preparation of information from the field of territorial organisation of the Republic; monitoring and analysing the cooperation between local self-government units, local self-governments and state bodies of interest for local self-government development; keeping records on the established cooperation between local self-government units and local self-governments of other countries; conducting the procedure for professional training examination for communal police activities, and keeping the register of communal police officers who have completed the professional training; monitoring the state, analyses and creation of reports and other activities within the purview of the Department.
Group for Coordination of Decentralisation of the Republic of Serbia and Strengthening the Capacity of Local Self-Government Units
Head of the Group – Sandra Nedeljković Phone: + 381 11 333-4-207 Fax: + 381 11 333-4201 8 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Е-address: [email protected]
The Group for Coordination of Decentralisation of the Republic of Serbia and Strengthening the Capacity of Local Self-Government Units performs the work related to: participation in the preparation of the Strategy for Decentralisation of the Republic of Serbia in line with the European standards and experience of the developed European countries, as well as the need to continue the process of democratisation in Serbia through the process of decentralisation; monitoring and studying the experience of other countries in the process of decentralisation; monitoring and studying the legislation of the Republic of Serbia of importance for decentralisation; proposing activities regarding professional development of the staff from the local self-government bodies and other activities regarding the strengthening and promoting the capacity of local self-government units; conducting project activities, creation of reports, analyses and information regarding the strengthening of the capacity of local self-government units, establishing the cooperation with the local self-government units and their representative associations in the activities within the purview of the Sector and other activities within the purview of the Sector.
SECTOR FOR HUMAN AND MINORITY RIGHTS, AND REGISTERS
SECTOR FOR SECTOR FOR HUMAN AND HUMAN AND MINORITY RIGHTS, MINORITY RIGHTS, AND REGISTERS AND REGISTERS
Department of Keeping Department of Department of Keeping Department of the Register of National Exercising the Freedom the Register of National Exercising the Freedom Councils of National of Citizen Association Councils of National Department of Civil of Citizen Association Minorities and General Department of Civil and Keeping the Minorities and General Status and Keeping the Issues on Human and Status Registers and Records Issues on Human and Registers and Records Minority Rights Minority Rights
Group for Administrative Group for Administrative Group for Professional Activities and Monitoring Group for Professional Activities and Monitoring Development of of the Implementation of Development of of the Implementation of the Conflict Rule and Registrars and Special the Conflict Rule and Registrars and Special International Agreements State Examination for International Agreements State Examination for on Registers Registrars on Registers Registrars
9 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Assistant Minister –
Phone: + 381 11 2685-344 Fax: + 381 11 E-address:
The Sector for Human and Minority Rights, and Registers performs the work related to: exercising the freedom of citizen association, that is, political and other organisations except trade unions; keeping the Register of Political Parties; election and keeping the Register of National Councils of National Minorities; general issues on human and minority rights; registers, stamps, single electoral roll, coordination of the cooperation with the Office for Human and Minority Rights; participation in the creation of the action plan for the process of joining European Union; participation in creation of laws and other regulations within the purview of the Sector and other activities within the purview of the Sector.
Within the Sector for Human and Minority Rights, and Registers, the following special internal units have been established: 1. Department of Exercising the Freedom of Citizen Association and Keeping the Registers and Records; 2. Department of Keeping the Register of National Councils of National Minorities and General Issues on Human and Minority Rights; and 3. Department of Civil Status.
Department of Exercising the Freedom of Citizen Association and Keeping the Registers and Records
Head of the Department – Dragana Rajić
Phone: + 381 11 2685-379 Fax: + 381 11 Е-address: [email protected]
The Department of Exercising the Freedom of Citizen Association and Keeping the Registers and Records performs the work related to: keeping the Register of Political parties; conducting a second instance administrative procedure against the decision of the Association Register and Foreign Association Register issued in an administrative procedure regarding the registration in the Association Register, that is, Foreign Associations Register; stamps; keeping a single electoral roll; coordinating the work and preparation of the guidelines and explanations regarding conducting the first instance administrative procedure related to the registration in the Association Register, that is, the Foreign Associations Register; preparation of reports, data and explanations on performing the delegated activities of keeping the Association Register and Foreign Association Register; monitoring the implementation of regulations and conditions in the field of exercising the freedom of association; creation of analyses, information and notifications within the purview of the Department and other activities within the purview of the Department.
Department of Keeping the Register of National Councils of National Minorities and General Issues on Human and Minority Rights 10 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Head of the Department – Biljana Marković
Phone: + 381 11 2645-357 Fax: + 381 11 Е-address: [email protected]
The Department for Keeping the Register of National Councils of National Minorities and General Issues on Human and Minority Rights performs the work related to: keeping the Register of National Councils of National Minorities, conducting the elections for national councils of national minorities; keeping special electoral rolls on national minorities; surveillance of the implementation of regulations defining keeping special electoral rolls in local self- government units; surveillance of legality of operations and acts of the national councils of national minorities; general issues on human and minority rights; following the international acts from the field of human and minority rights; monitoring the implementation of the obligations regarding human and minority rights; reporting on the state of human and minority rights in the process of EU accession and obligations towards other international organisations and other activities within the purview of the Department.
Department of Civil Status
Head of the Department – Jasmina Benmansur
Phone: + 381 11 361 26 72 Fax: + 381 11 361 26 72 Е-address: jasmina.benmansur @ mduls . gov .rs
The Department of Civil Status performs the work related to registers: participation in the preparation of laws and other regulations from the field of registers; conducting second instance administrative procedures based on a complaint against the decision of the holders of public authorities in the entrusted affairs of the registers; coordination of activities of the holders of public authorities and preparation of the guidelines and explanations regarding the conducting of a first instance administrative procedure and issuing the first instance decision in the entrusted affairs of the registers; special state examination for registrars; providing authorisation for performing the registrar activities; monitoring the implementation of the regulations and states in the field of registers; giving opinions on the constitutionality and legality of general acts adopted by the holders of public authorities based on the laws regulating the field of registers and surveillance of the legality of the regulations of the holders of public authorities in the field of registers; adopting the decisions defining the manner of reconstruction of destroyed or missing registers; monitoring the implementation of international agreements in statutory matters; providing professional assistance to the bodies in the implementation of international agreements and the conflict rule related to the registration of facts and data into the registers; reception and forwarding of public documents (register certificates) on changes of civil status; provision of legal assistance in obtaining public documents from the registers and inspection of credibility of the issued public documents from registers; obtaining the data and notifications related to performing the entrusted activities; preparation of reports in the reporting process regarding the implementation of the ratified bilateral and multilateral agreements and the European integrations from the aspect of the field of registers; a copy of registers; preparation of the 11 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 analyses and information within the purview of the Department and proposing relevant measures for the promotion of the state in the field and other activities within the purview of the Department. Within the Department of Civil Status the following special internal units have been established: 1. Group for Administrative Activities and Monitoring of the Implementation of the Conflict Rule and International Agreements on Registers; 2. Group for Professional Development of Registrars and Special State Examination for Registrars.
Group for Administrative Activities and Monitoring of the Implementation of Conflict Rule and International Agreements on Registers
Head of the Group – Danijela Knežević
Phone: + 381 11 361 26 72 Fax: + 381 11 361 26 72 Е-address: [email protected]
The Group for Administrative Activities and Monitoring of the Implementation of the Conflict Rule and International Agreements on Registers performs the work related to: conducting the second instance administrative procedure based on a complaint against the decision of the holders of public authorities in the entrusted affairs of the registers; coordination of activities of the holders of public authorities and preparation of the guidelines and explanations regarding the conducting of a first instance administrative procedure and issuing the first instance decision in the entrusted affairs of the registers; monitoring the implementation of the regulations and states in the field of registers; provision of opinions on constitutionality and legality of general acts adopted by the holders of public authorities based on the laws regulating the field of registers and surveillance of the legality of the regulations of the holders of public authorities in the field of registers; adopting the decisions defining the manner of reconstruction of destroyed or missing registers; monitoring the implementation of international agreements in statutory matters; providing professional assistance to the bodies in the implementation of international agreements and the conflict rule related to the registration of facts and data into the registers; reception and forwarding of public documents (register certificates) on changes of civil status; provision of legal assistance in obtaining public documents from the registers and inspection of credibility of the issued public documents from registers; obtaining the data and notifications related to performing the entrusted activities; creation of analyses, information and notification within the purview of the Group; a copy of the registers; participation in the preparation of laws and other regulations from the field of registers, except regulations regarding professional development of registrars and the special state examination of registrars; preparation of reports in the reporting process on the implementation of the ratified bilateral and multilateral agreements and the European integrations from the aspect of the field of registers and other activities within the purview of the Group.
Group for Professional Development of Registrars and Special State Examination for Registrars 12 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Head of the Group – Milica Tomić
Phone: + 381 11 268 53 79 Fax: + 381 11 268 53 79 Е-address: [email protected]
The Group for Professional Development of Registrars and Special State Examination for Registrars performs the work related to: participation in the preparation of the regulations regarding professional development of registrars and special state examination of registrars; participation in the preparation of the development strategy and action plans in the field of professional development regarding professional development of registrars; professional development of registrars; preparation of program proposals for professional development of registrars; monitoring the needs of the holders of public authorities in the entrusted activities of registers regarding the professional development of registrars; special state examination for registrars; provision of authorisation for the registrars activities; keeping a record on the authorised activities for performing registrars activities; preparation of analyses and information within the purview of the Group; proposing relevant measures for the promotion of the state of the field and other activities within the purview of the Group.
SECTOR FOR EUROPEAN INTEGRATIONS, INTERNATIONAL COOPERATION AND PROJECTS
SECTOR FOR EUROPEAN INTEGRATIONS, INTERNATIONAL COOPERATION AND PROJECTS
DepartmentDepartment of of European European DepartmentDepartment of of Projects Projects Funded Funded IntegrationsIntegrations and and International International byby International International Development Development CooperationCooperation AssistanceAssistance
GroupGroup for for Project Project GroupGroup for for Project Project Planning Planning and and ImplementationImplementation and and Project Project PreparationPreparation ImplementationImplementation Monitoring Monitoring
Assistant Minister -
13 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Phone: + 381 11 Fax: + 381 11 2685 396 Е-address:
The Sector for European Integrations, International Cooperation and Projects performs the work, within the competences of the Ministry, related to: coordination, direction and assistance to the activities related to harmonisation of policy, regulations, procedures and standards in order to fulfil the obligations and achieve the objectives of the Republic of Serbia in the process of accession to the European Union and at the international level, and participation of representatives of the Ministry in the operations of the bodies established for that purpose; cooperation and dialogue with the competent bodies, organisations and international donors in order to ensure the support for achieving the objectives of the Ministry; preparation of the proposals of the basis and information for the participation in international conferences, joint commissions, working groups, seminars, workshops, and other meetings and cooperation in the creation of comparative analyses with other countries candidates for EU membership and other international organisations; participation in the preparation of strategic and program documents for funding by international donor assistance and planning, preparation, implementation and monitoring the project implementation funded by the international development assistance in accordance with procedures; harmonisation and monitoring of the activities of other subjects, project participants, during the process of planning, preparation, implementation and monitoring of implementation of projects funded by international donor assistance; coordination of activities necessary for ensuring needed national co-funding of programs and projects funded by international donor assistance; implementation of measures for establishing, functioning and sustainability of decentralised system of EU funds management, in accordance with the relevant procedures; preparation of reports on activities regarding the preparation, implementation and monitoring of the implementation of projects funded by international donor assistance; creation of plans, programs and reports on the activities in order to inform the interested public on visibility and transparency of the work of the Ministry within the area of operations of the Sector; monitoring of the operations of international and regional organisations, agencies and bodies in the field related to the competences of the Ministry in order to achieve the objectives within the purview of the Sector and other activities within the purview of the Sector.
Within the Sector for European Integrations, International Cooperation and Projects, the following special internal units have been established: 1. Department of European Integrations and International Cooperation, and 2. Department of Projects Funded by International Development Assistance.
Department of European Integrations and International Cooperation
Head of the Department – Branislav Pelčić
Phone: + 381 11 3345 532 Fax: + 381 11 2685 396 Е-address: [email protected]
The Department of European Integrations and International Cooperation performs the work, within the competences of the Ministry, related to: coordination and support for the activities and cooperation in normative activities, studies and analyses on monitoring the harmonisation 14 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 and the harmonisation of regulations with European legislation and standards and international commitments; professional and administrative activities and coordination of participation of the representatives of the Ministry in the operations of the Coordination Body for EU Accession Process of the Republic of Serbia, the Coordination Body Council and the Negotiating Groups, and other bodies established for achieving the objectives of the Republic of Serbia in the field of European integrations and at the international level; support for the professional and administrative activities in creation of comparative analyses and preparation of proposals for the promotion of regulations and other acts, coordination of preparation and translation of the national version of the EU Law; participation in the preparation of opinions, proposals and explanations regarding the implementation of the regulations, rules, directives, conclusions, conventions, agreements and other EU acts, and other international organisations and institutions related to international and inter-state obligations and programs; encouraging the international cooperation important for achieving the objectives and competences of the Ministry and the initiation of new international programs/projects based on the existing inter-state agreements, that is, agreements with the international development organisations and international financial institutions as well as national strategic and planning documents; monitoring, coordination of the realisation and preparation of the annexes of the Ministry for the needs of the creation of the Action Plan for the adoption of the Acquis, Action Plan for the fulfilment of the recommendations from the annual report of the European Union and the implementation of the Stabilisation and Association Agreement with the EU, as well as other obligations of the Ministry in the EU accession process and at the international level; preparation of the acts adopted by the Government within its competences, that is proposed by the Government to the National Assembly, as well as providing the opinion on acts prepared by other bodies and organisations within the purview of the Sector; other activities deriving from the international obligations of the Republic of Serbia within the competences of the Ministry, purview of the Sector and the nature of work, or the orders of the competent bodies and authorities and other activities within the purview of the Department.
Department of Projects Funded by International Development Assistance
Head of the Department -
Phone: + 381 11 3345 532 Fax: + 381 11 2685 396 Е-address:
The Department of Projects Funded by International Development Assistance performs the work, within the competences of the Ministry, related to: participation in the activities of the group for the preparation of strategic and planning documents for funding and identification and formulation of projects for using the resources from the EU funds and other international development assistance; preparation and revision of the priority projects list, proposal of projects in accordance with the relevant procedure and keeping the record on all proposed projects; participation in the preparation of the relevant project and tender documentation (work description, technical specification, etc) and creation/updating of plans for public procurements and payment for the approved projects and performing the necessary activities so that the funds for the national co-funding of projects would be provided on time; timely informing on problems in the project implementation and the need for taking corrective measures; ensuring participation in the relevant boards for monitoring of programs and organisation and coordination of the 15 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 appointment of the members of the board for evaluation of tender applications; administrative and professional activities, including the control regarding the tender documentation and contracting, as well as the implementation of the contracted obligations by the contractor; control and confirmation of the correctness of the account for payment regarding the project implementation, including the control on the spot; preparation and submission of the report on the process of programming/preparation of the project, the creation of the report on the implementation of the project funded by EU funds and other international development organisations in accordance with the relevant procedures and storage of necessary documentation for conducting the process of audit; implementation of measures for establishing functioning and sustaining of the decentralised system of EU funds management in accordance with the relevant procedures; meeting the requirements related to the visibility of the project funded by EU funds and other international development assistance; cooperation with the international development organisations and financial institutions, as well as the competent national institutions in order to ensure the support for programs and projects funded by international donor assistance contributing to the achievement of the objectives and competences of the Ministry; other activities deriving from the international obligations of the Republic of Serbia within the competences of the Ministry and other activities within the purview of the Department.
Within the Department of Projects Funded by International Development Assistance the following specific internal units have been established: 1) Group for Project Planning and Preparation, and 2) Group for Project Implementation and Project Implementation Monitoring.
Group for Project Planning and Preparation
Head of the Group – Staša Lukić
Phone: + 381 11 3345 532 Fax: + 381 11 2685 396 Е-address: [email protected]
The Group for Project Planning and Preparation performs the work, within the competences of the Ministry, related to: participation in the work of the sectoral groups for project preparation, preparation of strategic and planning documents defining the strategic priorities to be funded by the pre-accession funds, as well as the identification, formulation and creation of proposals of projects funded by EU funds and other international development assistance; preparation and revision of the priority projects list, proposing the projects in accordance with the relevant procedure and keeping the record on all the proposed projects; monitoring of the preparation of the relevant project documentation; performing the necessary activities so that the funds for the national co-funding of projects would be planned on time; preparation and submission of the reports on the process of project programming/preparation and the implementation of the recommendations of the auditor and the evaluator; informing of the interested parties on the directions, rules and procedures for project programming; implementation of measures for establishing, functioning and sustaining of the decentralised system of EU funds management in accordance with the relevant procedures; cooperation and communication with other beneficiaries of the international development assistance, the Delegation of the European Union to the Republic of Serbia, European Integration Office and other competent institutions and 16 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 organisations on the needs for project funding; provision of professional assistance to other internal units in the Ministry and other users regarding project planning and preparation; other activities deriving from the project activities regarding the accession process of the Republic of Serbia to the European Union and fulfilment of international obligations within the competences of the Ministry and other activities within the purview of the Group.
Group for Project Implementation and Project Implementation Monitoring
Head of the Group – Nataša Radulović
Phone: + 381 11 3345 532 Fax: + 381 11 2685 396 Е-address: [email protected]
The Group for Project Implementation and Project Implementation Monitoring performs the work, within the competences of the Ministry, related to: participation in the preparation of technical documentation for the implementation of public procurement procedures and participation in securing the mandatory national co-funding of projects and creation/updating of plans for public procurements and payment for the approved projects; organisation and coordination of appointing the members of boards for evaluation of public tender; monitoring of the implementation of project and contracts through the control of the activities of the contractors (administrative control and control on the site, control of meeting the requirements related to the project visibility and confirmation of the correctness of the account for payment submitted by the contractor) and taking measures and activities to ensure regular and timely implementation of project and the contract; creation and submission of the reports on the implementation of projects funded by the EU funds and other international development assistance, including also the reports for the body competent for contracting the projects, and storing the necessary documentation for conducting the audit process; control of the fulfilment of all the preconditions for the implementation of projects and contracts; organisation of the activities of importance for the public and the visibility of the projects funded by the EU funds; implementation of measures for establishing, functioning and sustaining of the decentralised system of the EU funds management in accordance with the relevant procedures; provision of professional assistance to other users during the process of implementation of projects and financial and dynamic coordination of the projects participants; participation, in accordance with the relevant procedures, in the negotiation procedures for the conclusion of a contract and timely and correct information on the implemented procedures; participation in the relevant boards and groups for program monitoring and coordination with other program participants and proposing the measures, where possible, for changing of the contract; other activities deriving from the project activities related to the process of accession of the Republic of Serbia to the European Union and the fulfilment of all international obligations within the competences of the Ministry and other activities within the purview of the Group.
SECTOR FOR NORMATIVE AFFAIRS
17 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 SECTOR FOR NORMATIVE SECTOR FOR NORMATIVE AFFAIRS AFFAIRS
Department of Normative Affairs in Department of Normative Affairs in Department of Normative Affairs in Department of Normative Affairs in the Field of Local Self-Government, the Field of Public Administration, the Field of Local Self-Government, the Field of Public Administration, Labour Relations and Salaries, Labour Relations and Salaries and Labour Relations and Salaries, Labour Relations and Salaries and Registers and Human and Minority eGovernment Registers and Human and Minority eGovernment Rights Rights
Assistant Minister – Natalija Pavlović Šiniković
Phone: + 381 11 2641-495 Fax: + 381 11 E-address: [email protected]
The Sector for Normative Affairs performs the work related to the participation in the preparation and monitoring of the implementation of strategic documents, laws and other regulations and international agreements and the preparation and realisation of projects within the purview of the Ministry; development and promotion of the system of public administration, eGovernment, and the civil service system; preparation of the regulations related to employment and salaries in state bodies, public agencies and public services; preparation of the regulations on human and minority rights; preparation of the regulations related to employment and salaries in local self-government units and autonomous provinces; procedure of the preparation of the material of the Ministry to be discussed at the session of the Government; creation of opinions regarding the implementation of the regulations within the purview of the Ministry; creation of the opinions on drafts and bills and other regulations prepared by other public administration bodies; provision of the opinions on laws and other general acts proposed by the member of the Parliament and other authorised persons; monitoring of the state and implementation of the regulations within the purview of the Ministry and accordingly indicating to the need and direction of normative development; monitoring of the regulations of the European Union and harmonisation of the domestic regulations within the purview of the Ministry with the EU legislation, and other activities within the purview of the Sector.
Within the Sector for Normative Affairs the following specific internal units have been established: 1. Department of Normative Affairs in the Field of Public Administration, Labour Relations and Salaries and eGovernment; 2. Department of Normative Affairs in the Field of Local Self-Government, Labour Relations and Salaries, Registers and Human and Minority Rights.
18 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Department of Normative Affairs in the Field of Public Administration, Labour Relations and Salaries and eGovernment
Head of the Department –
Phone: + 381 11 Fax: + 381 11 Е-address:
The Department of Normative Affairs in the Field of Public Administration, Labour Relations and Salaries and eGovernment performs the work related to: monitoring of the implementation and the preparation of the law provisions, regulations and other general acts from th efield of public administration, labour relations of civil servants and general service employees and eGovernment; monitoring the state in the field of public administration, labour relations of civil servants and general service employees and eGovernment and participation in proposing of measures from this fields; participation in the preparation of strategic documents and regulations in the field of public administration, labour relations of civil servants and general service employees and eGovernment; monitoring and analysing the harmonisation of the national legislation with the EU regulations and participation in the preparation of the relevant reports; preparation of opinions on drafts of strategic documents, laws and other regulations proposed by other state bodies; participation in the preparation of the analyses and information within the purview of the Sector and other activities within the purview of the Department.
Department of Normative Affairs in the Field of Local Self-Government, Labour Relations and Salaries, Registers and Human and Minority Rights
Head of the Department – Tatjana Zeljković Babić
Phone: + 381 11 2641-495 Fax: + 381 11 Е-address: [email protected]
The Department of Normative Affairs in the Field of Local Self-Government, Labour Relationas and Salaries, Registers and Human and Minority Rights performs the normative work in th efield of the territorial organisations of the Republic and local self-government; performs the work related to: participation in the preparation of laws, bylaws and other general acts in the field of local self-government; performs the normative work in the field of labour relations and salaries in local self-government units and autonomous provinces; participation in the creation of regulations on registers and human and minority rights; creation of expers opinions on laws, bylaws and other general acts in the field of local self-government and territorial organisation of the Republic; creation of analyses of state and information related to the implementation of regulations in the field of local self-government and territorial organisation of the Republic, and other activities within the purview of the Department. SECRETARIAT OF THE MINISTRY
19 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 SecretariatSecretariat of of the the Ministry Ministry
DepartmentDepartment of of General General Legal Legal AffairsAffairs and and Public Public DepartmentDepartment of of Financial, Financial, ProcurementProcurement MaterialMaterial and and IT IT Affairs Affairs
GroupGroup for for General-Legal General-Legal and and GroupGroup for for Public Public Procurement Procurement StaffStaff Affairs Affairs andand Health Health Safety Safety at at Work Work
Secretary of the Ministry - Stanija Višekruna
Phone: + 381 11 3345-671 Fax: + 381 11 2686-868 Е-address: [email protected]
The Secretariat of the Ministry performs the work related to: staff, financial, accounting, IT and administration affairs; harmonisation of the operation of internal units and cooperation with other bodies and other activities within the purview of the Secretariat.
Within the Secretariat of the Ministry the following specific internal units have been established: 1. Department of General Legal Affairs and Public Procurement, and 2. Department of Financial, Material and IT Affairs.
Department of General Legal Affairs and Public Procurement
Head of the Department – Tanja Ogrizović
Phone: + 381 11 2646-939 Fax: + 381 11 2686-868 Е-address: [email protected]
The Department of General Legal Affairs and Public Procurement performs the work related to: employment status of civil servants and general service employees; keeping the record on civil servants and general service employees; staff development and proposing of measures for promotion of staff development; provision of information of public interest; personal data protection; preparation of the annual operation program and the report on the operation of the Ministry; organisation of business trips in the country and abroad, achieving the cooperation with the Administration for Joint Services of the Republic Bodies; organisation and realisation of public procurement procedures; activities related to safety and health at work; and other activities within the purview of the Department. 20 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Within the Department of General Legal Affairs and Public Procurement the following specific internal units have been established: 1. Group for General-Legal and Staff Affairs, and 2. Group for Public Procurement and Health Safety at Work.
Group for General-Legal and Staff Affairs
Head of the Group - Phone: + 381 11 2646-939 Fax: + 381 11 2686-868 Е-address:
The Group for General-Legal and Staff Affairs performs the work related to: employment status of civil servants and general service employees; preparation of Draft Staffing Plan, planning the staffing and the analysis of the realisation of the Staffing Plan; selection and election of the staff; training, evaluation and promotion of civil servants; preparation of acts on rights, duties and responsibilities of civil servants and general service employees; keeping the record on civil servants and general service employees; staff development and proposing of the measures for the promotion of staff development; conducting the disciplinary proceeding and the proceeding of defining the responsibility of civil servants and general service employees for a material damage; preparation of the program of work and reports on the operation of the Ministry; organisation of business trips in the country and abroad; access to the information of public interest; and other activities within the purview of the Group.
Group for Public Procurement and Health Safety at Work
Head of the Group – Nataša Pavićević
Phone: + 381 11 2646-939 Fax: + 381 11 2686-868 Е-address: [email protected]
The Group for Public Procurement and Health Safety at Work performs the work related to: organisation and realisation of public procurement procedures; implementation of the public procurement plan for the Ministry in cooperation with the Department for Financial, Material and IT Affairs; implementation of the regulation in the field of safety and health at work; activities in the field of financial management and control; and other activities within the purview of the Group.
Department of Financial, Material and IT Affairs
Head of the Department – Zorica Lovrić
Phone: + 381 11 2686-680 Fax: + 381 11 2686-868 Е-address: [email protected]
21 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 The Department of Financial, Material and IT Affairs performs the work related to: planning and earmarked spending of funds for the operation of the Ministry; creation of draft financial plans; creation of public procurements plan; control of financial and accounting data; bookkeeping; activities related to the earmarked spending of the funds related to the project realisation; handling the equipment of the Ministry; preparation of reports, information and analyses within the purview of the Department and the Ministry; and other activities within the purview of the Department.
INTERNAL AUDIT GROUP
Head of the Group – Rada Rađenović
Phone: + 381 11 333-4109 Fax: + 381 11 333-4201 Е-address: [email protected]
The Internal Audit Group performs the internal audit activities of the Ministry related to the operational planning, organisation and performance of audit tasks, that is, testing, analysing and evaluation of all operational functions in accordance with the International Internal Auditing Standards and regulations defining the internal auditing in the Republic of Serbia; performing the control of the implementation of law and respecting of the internal control rules, evaluation of the internal control system regarding the adequacy, success and fulfilment, auditing of the way of operating representing the assessment of the operations and processes, including also the non- financial operations, in order to assess the cost-effectiveness, efficiency and success; performing the auditing of the utilization of the EU funds and funds of other international organisations; providing the advice and expert opinions when introducing new systems and procedures, creating reports on internal audit findings with the relevant opinions and assessment, performing other activities necessary to achieve safety regarding internal audit system functioning; other activities within the purview of the Group.
22 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 ORGANISATIONAL STRUCTURE OF THE MINISTRY OF PUBLIC ADMINISTRATION AND LOCAL SELF-GOVERNMENT
MINISTER S A Dr. KoriMINISTER Udovički Department of General Legal D A Dr. Kori Udovički E AffairsDepartment and Public of GeneralProcurement Legal Directorate for D Affairs and Public Procurement Directorate for M C eGovernment I M R eGovernment I N E Group for General- Group for Public I N LegalGroup and Staff for General- Affairs ProcurementGroup forand Public Health I State Secretaries T Legal and Staff Affairs ProcurementSafety at Work and Health S State Secretaries Safety at Work Administrative S A Inspectorate Administrative T Inspectorate R T R A R Internal Audit I Department of Financial, Material A InternalGroup Audit Departmentand IT of AffairsFinancial, Material T A and IT Affairs I T Group O I T N O N
Sector for Public Administration, Sector for Local Self- Sector for Human and Minority Rights, Sector for European Sector for Normative LabourSector and for PublicLegal Relations Administration, and SectorGovernment for Local Self- Sector for Humanand Registers and Minority Rights, Integrations,Sector for International European SectorAffairs for Normative Labour andSalaries Legal Relations and Government and Registers CooperationIntegrations, and International Projects Affairs Salaries Cooperation and Projects
Departme Department Departmen Department Group Depart Departme Department of Departme Departmentof Department of Departme ofDepartment Projects nt of for Group mentDepart of Department Group for Department of CivilDepartment Status of Normativeof Keepingt of Department of Fundedof Projects by Normativnt of Publicfor Publicment of Depar Depart Departmentof CoordinatiGroup for Exercisinnt of GroupCivil forStatus AffairsNormative in theKeeping Europeannt of InternationalFunded by e AffairsNormativ AdministPublic AdminiPublic tmentDepar mentDepart of Analyticalof Coordination of gExercisin the AdministrativeGroup for the AffairsField of in Registerthe of ActivitiesAdministrative and IntegratioEuropean DevelopmentInternational ine Affairsthe rationAdminist strationAdmini oftment Labourment of Analytical on of Freedomg the Localthe FieldSelf- of Tasks, Decentralis NationalRegister of MonitoringActivities of theand Integratio Development in the ration stration of Labour Freedom ns and Assistance Field of GovernmentLocal Self- System Reform Salari and SurveillanceTasks, ationDecentralis of the of Citizen CouncilsNational ImplementationMonitoring of of the the Internations and GroupAssistance for PublicField of , GovernmentLabour andSystem ImplemReform esSalari Legaland Surveillance, Republication of of the Associatiof Citizen of NationalCouncils ConflictImplementation Rule and of the International International ProjectGroup for AdministPublic Relations, Labour Organisaand entationImplem es RelatioLegal Organisation, SerbiaRepublic and of onAssociati and Minoritiesof National Conflict Rule and AgreementsInternational on Cooperatinal PlanningProject and ration,Administ Relationsand Organisa entation Relatio Organisation Serbia and on and Minoritiesand tion and and ns and Strengtheni Keeping RegistersAgreements on Cooperati PreparationPlanning and ration, Salaries,and tion and and ns and Strengtheni Keeping Generaland on Labour Work of Professi Promotion ng the the GroupRegisters for on GroupPreparation for Labour RegistersSalaries, Work of Professi ng the the IssuesGeneral on ProfessionalGroup for Group for Relations Public onal ofPromotion Local Capacity of Registers Project Relations and RegistersHuman Public onal of Local Capacity of Registers HumanIssues on DevelopmentProfessional of ImplementatioProject and Administ Develo Self- Local Self- Registrars and Special andand Human andHuman Development of n andImplementatio Project Salariesand rationAdminist pmentDevelo GovernmentSelf- GovernmenLocal Self- Registrars and Special Minorityand Minorityand State Examination for Implementation and Project andSalaries Bodiesration pment SystemGovernment Government Units StateRegistrars Examination for RightsMinority RightsMinority n MonitoringImplementatio eGovernand Bodies System t Units Registrars Rights Rights n Monitoring menteGovern 23 ment Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 MINISTRY OF PUBLIC ADMINISTRATION AND LOCAL SELF-GOVERNMENT Systematised job positions Number of the Senior Independent Junior Junior Junior General Service Advisor Associate Officer Positions systematised Advisor Advisor Advisor Associate Officer Employees Sector for Public Administration, Labour-Legal 22 3 7 10 / / / 1 / / 1 Relations and Salaries Sector for Local Self- Government 12 3 2 4 / / / 2 / / 1 Sector for Human and Minority Rights, and 24 4 6 6 / 3 / 2 / 2 1 Registers Sector for European Integrations, International 15 2 5 3 3 1 / / / / 1 Cooperation and Projects Sector for Normative Affairs 12 1 5 5 / / / / / / 1 Secretariat of the Ministry 22 3 4 1 1 3 1 3 / 5 1 Internal Audit 3 / 1 1 1 / / / / / / Total 110 16 30 30 5 7 1 8 / 7 6
The Table does not include the systematised three State Secretaries.
24 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 MINISTRY OF PUBLIC ADMINISTRATION AND LOCAL SELF- GOVERNMENT October 2014
Number Senior Independ Advisor Junior Associate Junior Officer Junior General Positions of the Advisor ent Advisor Associate Officer Service filled Advisor Employees
Sector for Public 13 2 7 2 1 1 Administration, Labour-Legal Relations and Salaries Sector for Local 11 2 2 4 2 1 Self-Government Sector for Human 19 4 5 3 3 2 2 and Minority Rights, and Registers Sector for European 13 1 5 3 3 1 Integrations, International Cooperation and Projects Sector for 6+1 1inacti 3 2 1 Normative Affairs inaction on Secretariat of the 20 3 3 1 1 3 1 3 4 1 Ministry Internal Audit 1 1 Total 83+1 13 26 15 4 7 1 8 6 4 inaction NOTE: The Table does not include 3 State Secretaries, 1 executer hired for a part-time work replacing an absent civil servant and 6 persons hired based on the Contract for temporary and occasional work.
25 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 3. DESCRIPTION OF POSITIONS OF HEADS
MINISTER
The Ministry is managed by the Minister. The Minister represents the Ministry, approves the regulations and decisions in administrative and other individual issues and decides on other issues within the purview of the Ministry. The Minister is liable to the Government and the National Assembly for the operations of the Ministry and the state in the field within the purview of the Ministry.
Minister Dr. Kori Udovički Phone: +381 11 3617-717 Fax: +381 11 Е-address: [email protected]
______
A State Secretary assists the Minister within the competences defined by the Minister. The State Secretary is an official appointed and dismissed by the Government on the proposal of the Minister and his office will terminate with the termination of the office of the Minister.
______
State Secretary Željko Ožegović Phone: +381 11 3613-654 Fax: +381 11 2685-387 Е-address: [email protected]
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State Secretary Ivan Bošnjak Phone: +381 11 3616-432 Fax: +381 11 2685-387 Е-address: [email protected]
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State Secretary Vidosava Džagić Phone: +381 11 3613-654 Fax: +381 11 2685-387 Е-address: [email protected]
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26 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 COMPETENCES
State Secretary, Željko Ožegović, by the decision of the Minister, number: 021-02-99/2014-02 from 27th June 2014, has been authorised to replace the Minister when the Minister is absent or prevented. The appointed State Secretary is competent for the following: - signing the requests for commitments, their verification and issuing orders for payment to be performed from the budget funds belonging to the Ministry and the Administrative Inspectorate; - directing and coordinating of the operations and signing administrative and non-administrative acts within the purview of all the sectors of the Ministry; - directing and coordinating of the operations of the bodies within the Ministry – Administrative Inspectorate and Directorate for eGovernment; - signing the acts related to initiation, implementation and realisation of public procurement procedures within the purview of the operations of the sector which operations are directed and coordinated by the Secretariat of the Ministry; - signing other agreements on performing temporary and occasional work.
State Secretary, Ivan Bošnjak, by the decision of the Minister, number: 021-02-177/2014-02 from 5th September 2014, has been authorised to sign the following: - Administrative and non-administrative acts within the purviw of the Sector for Human and Minority Rights, and Registers and the Sector for Local Self-Government. By the decision of the Minister, number: 021-01-153/1/2014-01 from 19th August 2014, the appointed State Secretary has been authorised, in order to conduct the election and constitution of the national councils of national minorities, to sign the following: - decisions on temporary conclusion of the special electoral roll of national minorities; - decisions on registration, deletion, changes, additions, and corrections in the special electoral roll, after the conclusion of the special electoral roll; - response to complaints submitted to the Administrative Court against a decision of the Ministry of Public Administration and Local Self-Government regarding the registration, deletion, changes, additions, and corrections in the special electoral roll; - other administrative and non-administrative acts related to conducting the elections and constituting the national councils of national minorities.
Secretary of the Ministry, Stanija Višekruna, by the decision of the Minister, number: 021-01- 68/2014-02 from 5th June 2014, has been authorised for the following: - signing administrative and non-administrative acts within the purview of the Secretariat of the Ministry; - signing the decisions defining the rights and obligations of civil servants and general service employees; - signing travel orders for the state secretaries, civil servants, general service employees and other hired persons.
4. RULES RELATED TO OPERATIONAL TRANSPARENCY
Ministry of Public Administration and Local Self-Government Birčaninova no.6, Belgrade 27 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 PIN: 108512042 Working hours: Monday – Friday 7:30 a.m. until 3:30 p.m.
Person authorised for acting upon requests for free access to information of public interest:
Nataša Pavićević 011/2646-939 natasa.pavicevic@m duls .gov.rs
Person authorised for cooperation with journalists and the media:
Jelena Parezanović 011/3620-149 [email protected]
The access to the premises of the Ministry in Birčaninova no.6 and Vlajkovićeva no. 10, for persons with disabilities is not possible without a companion. Audio and video recording on the premises of the Ministry is allowed with previously obtained permission by the Minister or the authorised State Secretary.
5. LIST OF MOST FREQUENTLY REQUIRED INFORMATION OF PUBLIC IMPORTANCE
The Ministry of Public Administration and Local Self-Government has been contacted, since its establishment, by the citizens, associations, and non-governmental organisations with the request for a free access to the information of public importance. The requests were made in order to provide the information on whether the Ministry of Public Administration and Local Self-Government has certain information, and in order to provide copies of those documents in possession of the Ministry of Public Administration and Local Self-Government, deriving from the operation of the Ministry or in relation to the operation of the Ministry, such as the following: ''In line with the Law on Free Access to Information of Public Importance (“Official Gazette of RS’’ no. 120/04, 54/07, 104/09 and 36/10), you have addressed the Ministry with the request made on 14th May 2014 for the access to the information of public importance, in the form of submitting the information, electronically or by mail, referring to the information on payment from the budget lines 483 – Fines and Penalties pursuant to the decision of the courts and 485 – Compensation for injuries or damage caused by the state authorities, for the period 2012, 1013, and 1014 (to the date of receiving the request), for the obligations of the Ministry of Public Administration and Local Self-Government defined by the regulations of the Law on Ministries (“Official Gazette of RS’’, no. 44/14). Pursuant to Article 16, paragraph 1 of the Law on Free Access to Information of Public Importance, we inform you that there were no enforced collections for the required period.''
''You addressed the Ministry of Public Administration and Local Self-Government with a request, from 29th May 2014, which was received by the Ministry on 30th May 2014, for the access to the information of public importance, for submitting the copies of the documents referring to the Minute book from the session of the National Council of the Greek National 28 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Minority held on 1st February 2014 and the total number of persons registered in the special electoral roll of the Greek National Minority per local self-government unit in the Republic of Serbia. Within the time period defined by Article 16, paragraph 1 of the Law on Free Access to Information of Public Importance (''Official Gazette of RS'', no. 120/04, 54/07, 104/09, and 36/10), we submit the copies of the required documents attached to the letter.''
''Upon your Request for the access to the information of public importance from 29th May 2014, we sent the response number 90-00-14/2014-02 from 6th June 2014, and a copy of the Minute book from the session of the National Council of the Greek National Minority held on 1st January 2014 and a Spreadsheet of the total number of the registered members of the Greek National Minority into the Special Electoral Roll per local self-government unit, for which you had stated in your Request from 12th June 2014, to be incomplete. We hereby submit the mentioned documents again, as well as the following: - Draft Agenda for the first regular session of the National Council of the Greek National Minority in 2014, held on 1st February 2014; - Realisation of the Agenda; - Report on the activities in the fourth quarter of 2013, for the period from 1st October until 31st December 2013 (submitted to the Ministry together with the mentioned Minute book). We underline that the documentation referring to the financial reports of the National Council of the Greek National Minority is at the Office for Human and Minority Rights.’’
''In line with the Law on Free Access to Information of Public Importance (“Official Gazette of RS’’ no. 120/04, 54/07, 104/09 and 36/10), you addressed the Ministry with the request from 18th June 2014 for the access to the information of public importance, in the form of electronically submitted records containing data on all the persons from the territory of the Republic of Serbia having the right to vote on elections, having real estate, having income on the basis of employment or pension, and who had motor vehicles until 2001, and personal data of all persons from Belgrade.
Within the time period defined by Article 16, paragraph 1 of the Law on Free Access to Information of Public Importance, we hereby inform you on the following:
Pursuant to Article 10 of the Law on Ministries (''Official Gazette of RS'', number 44/2014) it has been stipulated that the Ministry of Public Administration and Local Self- Government performs the work of public administration related to: public administration system and organisation and work of the ministries, special organisations, public agencies and public services; Ombudsman; administrative inspection; administrative procedure; promotion of eGovernment; preparation of laws, other regulations, standards and measures in the field of eGovernment; election of state bodies; employment and salaries in state bodies; employment and salaries in public agencies and public services; state licence examination; creation of capacities and professional development of the staff from the state bodies; registers; civil register; stamps; political and other organisations, except trade union organisations; register of political parties; direct voting of citizens; single electoral roll, and other activities stipulated by the law. The Ministry of Public Administration and Local Self-Government performs public administration activities related to: preparation of regulations on human and minority rights; keeping register of national councils of national minorities; election of national councils of 29 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 national minorities; keeping a special electoral roll of national minorities, and other activities stipulated by the law. The Ministry of Public Administration and Local Self-Government performs public administration activities related to: system of local self-government and territorial autonomy; provision of directions and support for local self-governments for ensuring legitimacy and efficiency of work; creating capacities and professional training of the staff in local self- governments; employment and salaries in local self-governments and territorial autonomies; territorial organization of the Republic of Serbia, and other activities stipulated by the law. The Ministry of Public Administration and Local Self-Government performs public administration activities related to: creating conditions for access and realization of projects within the purview of the Ministry financed by pre-accession funds of the European Union, donations, and other forms of development assistance, and other activities stipulated by the law. Directorate for eGovernment, as a public administration authority within the Ministry of Public Administration and Local Self-Government, performs professional and public administration activities related to: harmonisation and improvement of development and functioning of information systems and infrastructure of public authorities, authorities of territorial autonomies, authorities of local self-government units, and public services; development and implementation of standards for introduction of information and communication technologies in public authorities, authorities of territorial autonomy, authorities of local self-government units and public services, application and use of the Internet in functioning of public authorities, authorities of territorial autonomy, authorities of local self- governments and public services, and other activities stipulated by the law. The work of keeping the registers and resolving the first instance administrative proceedings in the field of registers, pursuant to Article 6 of the Law on Registers of Births, Marriages and Deaths (''Official Gazette of RS'', no. 20/2009) has been entrusted to municipalities, cities, the City of Belgrade, and the mentioned work is performed by municipal administration, that is administration of the City of Belgrade. Pursuant to Article 3 of the Law on Registers of Births, Marriages and Deaths, the registers and certificates issued on the basis of the registers are public documents. The manner of issuing the certificates from the registers is defined by Articles 80-84 of the Law on Registers of Births, Marriages and Deaths and points 94-112 of the Guidelines for Keeping Registers of Births, Marriages and Deaths and Their Forms (“Official Gazette of RS’’, no. 109/09, 4/10-cor., 10/10, 25/11, 5/13 and 94/13). Inter alia, it is defined that the certificates from the registers should be issued on the basis of the data contained in the original registers and should contain the newest data registered in the register up to the date of issuing. The certificates shall be issued pursuant to Article 83 of the Law upon the request of a person to whom the data from the certificate refer to, his/her family member, adoptive parent or guardian, and to other persons in the manner and under conditions stipulated by the law regulating personal data protection and the law regulating the access to the information of public importance, and pursuant to point 98 of the mentioned guidelines, the certificates shall be issued by the registrar keeping the register from which the certificate is issued. Having in mind the mentioned provisions of the regulations on registers regulating the competences of the bodies for keeping the registers and the manner of issuing the certificates, the required information, pursuant to Article 2 of the Law on Free Access to Information of Public Importance, is not information of public importance held by this state body. Further, the Law on Single Electoral Roll (“Official Gazette of RS’’, no. 104/09, and 99/11), defines that the single electoral roll (hereinafter: the electoral roll) is a public document within which a record on the citizens of the Republic of Serbia having the right to vote is kept 30 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 (Article 1, paragraph 1); the electoral roll is kept by the ministry competent for the work related to administration and keeping the electoral roll includes the following: analysing of data from the electoral rolls and conducting measures to ensure their harmonisation and accuracy, performing changes in the electoral rolls (registration, deletion, adding or correcting) after the conclusion of the electoral rolls and other activities in accordance with this law; a part of the electoral roll for the area of local self-government units is updated by the municipal, or city administration, as an entrusted activity (Article 2, paragraphs 1-3). Nevertheless, Article 7, paragraph 1 of this law, defines that the electoral roll registers the following: name and surname of the voter, name of one of the parents of the voter, personal identification number of the voter, date and place of birth of the voter, sex of the voter, place of residence and the address of the voter, local self-government unit of the voter in which the voter has the place of residence, foreign country in which the voter has the place of abode, the place of abode and the address of the voter abroad and the place for the internally displaced persons. Pursuant to Article 14, paragraph 1, point 1) of the Law on Free Access to Information of Public Importance, a state authority will not provide the person by whom the information is required with the right to access the information of public importance if this could violate the right to privacy, right to reputation or any other rights of the person to whom the required information refers, except in case when the person has given the consent, while Article 8, paragraph 1, point 1) of the Law on Personal Data Protection (“Official Gazette of RS’’, no. 97/08, 104/09oth.law, 62/12-CС and 107/12) defines that processing of personal data is not allowed if the natural person has not given the consent for data processing, that is, if the data processing is performed without legal authorisation. Having in mind the aforementioned provisions of the regulations and the content of the requests, as well as the fact that the electoral roll contains personal data of the citizens of the Republic of Serbia who have the right to vote, we underline that this Ministry does not have the written consent – approval of the persons to whom this information refers, and therefore we are not able to respond to the request of the person requiring the information. Also, we want to stress that the required information cannot be considered as information of public importance pursuant to Article 2 of the Law on Free Access to Information of Public Importance. When it comes to the part of the Request regarding the data on taxpayers who pay taxes on the basis of the right to property of a real estate, motor vehicle, and the data on persons who receive income based on the employment or other way, we hereby inform you that this Ministry, according to its purview, does not have the required information.’’
''With the Request from 29th July 2014, delivered to the Ministry of Public Administration and Local Self-Government on 31st July 2014, you addressed the Ministry requiring the access to information of public importance, asking for the data on the total number of registered members of the Macedonian National Minority in the special electoral roll of the National Minority per local self-government unit. Within the time period defined by Article 16, paragraph 1 of the Law on Free Access to Information of Public Importance (“Official Gazette of RS’’, no. 120/04, 54/07, 104/09/ and 36/10) we are sending a spreadsheet of the total number of registered members of the Macedonian National Minority in the special electoral roll, per local self-government unit.
“Ministry of Public Administration and Local Self-Government received your Request for access to the information of public importance from 13th August 2014, registered at the
31 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Ministry on 14th August 2014, by the number 07-00-186/2014-20, and addressed to the Ministry of Regional Development and Local Self-Government. Having considered the Request, we have established that it refers to the document which the Ministry of Public Administration and Local Self-Government does not possess. Pursuant to Article 37, paragraph 19 of the Law on Ministries (“Official Gazette of RS’’, no. 44/2014), Ministry of Public Administration and Local Self-Government has taken over the staff and appointed persons from the Ministry of Regional Development and Local Self- Government, as well as rights, obligations, objects, equipment, resources for work and archives for exercising the jurisdiction in the field of local self-government. Pursuant to Article 37, paragraph 1 of the Law on Ministries, the Ministry of Economy has taken over the staff and appointed persons from the Ministry of Regional Development and Local Self-Government, as well as rights, obligations, objects, equipment, resources for work and archives for exercising the jurisdiction in the field of regional development. Having in mind the fact that your Request refers to the document derived from the work of the Ministry of Economy and Regional Development, according to our knowledge, the mentioned document can be found at the Ministry of Economy. Pursuant to Article 19 of the Law on Free Access to Information of Public Importance (“Official Gazette of RS’’, no. 120/04, 54/07, 104/09 and 36/10), we hereby inform you that we have forwarded the Request to the Commissioner for Information of Public Importance and Personal Data Protection.’’
6. DESCRIPTION OF COMPETENCES, AUTHORISATIONS, AND OBLIGATIONS
The Ministry of Public Administration and Local Self-Government performs public administration activities related to: the system of public administration and organisation and functioning of ministries, special organizations, public agencies, and public services; the Ombudsman; administrative inspection; administrative procedure; development of eGovernment; preparation of laws and other regulations, standards and measures in the field of eGovernment; elections for republic authorities; employment and salaries in public authorities; employment and salaries in public agencies and public services; state licence examinations; creating capacities and professional training of staff in public authorities; registers; civil register; stamps; political and other organisations, except union organization; register of political parties; direct voting of citizens; single electoral roll, and other activities stipulated by the law.
The Ministry of Public Administration and Local Self-Government performs public administration activities related to: preparation of regulations on human and minority rights; keeping register of national councils of national minorities; election of national councils of national minorities; keeping a special electoral roll of national minorities, and other activities stipulated by the law.
The Ministry of Public Administration and Local Self-Government performs public administration activities related to: system of local self-government and territorial autonomy; provision of directions and support for local self-governments for ensuring legitimacy and efficiency of work; creating capacities and professional training of the staff in local self- governments; employment and salaries in local self-governments and territorial autonomies; territorial organization of the Republic of Serbia, and other activities stipulated by the law. 32 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 The Ministry of Public Administration and Local Self-Government performs public administration activities related to: creating conditions for access and realization of projects within the purview of the Ministry financed by pre-accession funds of the European Union, donations, and other forms of development assistance; and other activities stipulated by the law. Directorate for eGovernment, as a public administration authority within the Ministry of Public Administration and Local Self-Government, performs professional and public administration activities related to: harmonization and improvement of development and functioning of information systems and infrastructure of public authorities, authorities of territorial autonomies, authorities of local self-governments, and public services; development and implementation of standards for introduction of information and communication technologies in public authorities, authorities of territorial autonomy, authorities of local self-governments and public services, application and use of the Internet in functioning of public authorities, authorities of territorial autonomy, authorities of local self-governments and public services, and other activities stipulated by the law.
7. DESCRIPTION OF ACTIVITIES WITHIN COMPETENCES, AUTHORISATIONS, AND OBLIGATIONS
AUTHORISATIONS AND OBLIGATIONS OF HEADS OF INTERNAL UNITS State Secretaries, Secretary of the Ministry, and Assistant Ministries are authorised to perform the work within the purview of the operations of the Ministry in accordance with the provisions of the Law on Public Administration, and for their work within the internal units which they manage they are responsible to the Minister.
Pursuant to Article 229 of the Rules of Procedures of the National Assembly (''Official Gazette of RS'', number 20/12 – revised text) defines by paragraph 1 that the Minister shall inform the competent board of the National Assembly on the work of the Ministry once in three months.
INFORMATION ON WORK OF THE MINISTRY OF PUBLIC ADMINISTRATION AND LOCAL SELF-GOVERNMENT April-June 2014
The Ministry of Public Administration and Local Self-Government performs the administrative activities within the purview defined by Article 10 of the Law on Ministries (“Official Gazette of RS’’, no. 44/2014), that is, performs the administrative activities related to: the system of local self-government and territorial autonomies; provision of directions and support to the local self-government units in ensuring the legality and efficiency of work; public administration and registers, organisation and operations of the ministries and special organisations, state licence examinations, registers, coordination of activities of administrative districts and control of the expediency of work of professional services of the administrative districts, provision of approval for the content and form of stamps and severance payment for retirement; human and minority rights and exercising the freedom 33 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 of citizen association; European integrations, international cooperation and projects; administrative inspection and promotion of eGovernment through the Directorate for eGovernment within the administrative body. Within the reporting period, the following activities were performed: I Public administration activities in the field of local self-government: 65 provided opinions and expert explanations regarding the implementation of the Law on Local Self- Government, Law on Local Elections, Law on Territorial Organisation of the Republic of Serbia, Law on Communal Police, and Law on Employment in State Bodies, as well as the Special Collective Agreement for Public Authorities, that is, the Annex of that Collective Agreement; acted upon 98 petitions and complaints on the operations of the municipal and other bodies; 10 approved provisions of the statute of local self-government units defining the holidays and the names of streets, squares, city areas, hamlets, and other settled areas; 15 prepared Draft Decisions on the establishment of cooperation, that is, conclusions of agreements on cooperation with local self-government units of other countries; a prepared response to three parliamentary questions, and the opinion on proposals and draft regulations prepared by other presenters in 32 cases; in line with the Regulation on new employment and additional work engagement (“Official Gazette of RS’’, no. 113/2013, 21/2014) 472 applications have been processed submitted by local self-government units for providing the approval for new employment and additional work engagement and, after the conducted procedure, the approval was provided for 24 local self-government units (for 66 persons for the employment for an indefinite period and 125 persons for the employment for a definite period); a notice has been sent to local self- government units (to 12 municipal mayors and 4 city mayors) regarding the implementation of the activities for the creation of reports on the assessment of damages which occurred after the floods; a prepared Draft Decision on dissolution of the Municipal Assembly of Majdanpek and the establishment of a new temporary body of the Municipality of Majdanpek, adopted by the Government in the session held on 29th May 2014; prepared Draft Conclusion for the adoption of Draft Amendments no. 3 of the Agreement between the Swiss Agency for Development and Cooperation, represented by the Swiss Cooperation Office in Serbia, the Standing Conference of Towns and Municipalities, and the Republic of Serbia, and submitted to the Government for consideration and adoption; prepared Draft Conclusion for the adoption of the Draft Agreement on the regulation of interrelations between the Republic of Serbia and Standing Conference of Towns and Municipalities; within the cooperation between the Swedish International Development Cooperation SIDA and the Project Fund for Institutional Development PROFID Support for Public Administration Reform in Serbia, 2010-2013) the following projects are realised: “Capacity building of institutions within the National Council for Decentralisation and of representatives of local authorities on the implementation of the principle of subsidiarity in the decentralisation process in the EU and Serbia’’, in the part referring to decentralisation, the realisation of the first phase of the project activities has been continued; trainings conducted on “Application of the principle of subsidiarity in the decentralisation process in the EU and Serbia’’ in two gravitational centres, Zrenjanin and Kraljevo, and the trainings should have been conducted in three gravitational centres, Zaječar, Leskovac and Belgrade but were postponed for September due to the emergency situation because of the natural disaster in the country; Project “List of jobs by sectors at all levels of government in the Republic of Serbia’’ – initiated realisation of the first project phase. The consultants have submitted the draft expert methodology for job lists of the central level of government, AP of Vojvodina and local self- government units; followed by the adoption of the final version of expert methodology for job lists per sectors for health and social policy and establishment of working groups for job lists at all levels of government, by sectors for health and social policy; Project “List of jobs by sectors: 34 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 economy, agriculture, urbanism, spatial planning, regional development and local self- government at all levels of government in the Republic of Serbia’’ is the continuation of the project “List of jobs by sectors at all levels of government” also funded by the PROFID funds, for listing the jobs in the sector of health and social policy at all levels of government, in order to have a comprehensive list of jobs, and by this project the listing of jobs in all the following sectors will be continued: economy, agriculture, urbanism, spatial planning, regional development and local self-government at all three levels of government. The Agreement on the realisation of the project was signed with the donors on 9th April 2014, the project duration is ten months, until December 2014, the project is in the initial realisation phase. II Public administration activities in the field of public administration and registers, organisation and perofmance of the operations of the ministries and special organisations, state licence examination, registers, coordination of the activities of administrative districts and control of expediency of work of professional services of the administrative districts, provision of approvals for the content and form of stamps and severance payment for retirement: 1) participation in the preparation of the text of Draft Law on Amendments to the Law on Civil Servants, additions and proposals of bylaws necessary to be adopted in the implementation of the mentioned laws (working versions of the Provision on the establishment of the Human Resource Management Service, Provisions on implementation of internal and public competitions for filling job positions in state bodies, Provisions on selection of job positions and criteria for description of job positions of civil servants, Provisions on administrative districts and Provisions on professional development of civil servants); 2) meetings of the Special Working Group for the preparation of the text for the Draft Law on Inspection Control have been held, and the working version of the Draft Law on Inspection Control has been prepared; 3) The Project group for the preparation of the text for Draft Action Plan for the implementation of the Public Administration Reform Strategy in Serbia for the period 2014-2016, has prepared the working version of the Draft Action Plan; 4) The Project Group for the preparation of the Draft Action Plan for the implementation of the initiative of the Open Government Partnership for the period 2014-2015 has held the meetings with the representatives of the civil society organisations in the consultative process of the preparation of the final version of the text of the action plan and the Draft Action Plan has been prepared; 5) the text for the Proposal of a Regulation amending the Regulation on Programme and Method of Taking the State Licence Examination has been prepared, with the explanation in order to forward it to the authorities for the opinion; 6) a Draft Decision on the number of civil servants and general service employees in the cabinet offices of the minister has been prepared and submitted in accordance with the Government Rules to the competent bodies for providing an opinion; 7) a Draft Decision on the number of special advisors of the Minister and criteria for compensation for their work has been prepared and submitted in accordance with the Government Rules to the competent bodies for providing an opinion; 8) a Draft Decision on establishing the Public Administration Reform Council has been prepared with the explanation, for submitting to the competent bodies for providing an opinion. At the same time, acts necessary for the operation of the Council (Draft Rules of Procedures, Draft Decision on Appointing the Secretary of the Public Administration Reform Council, etc) have been prepared; 9) the preparatory meeting of the Special Group for Public Administration Reform was held in Brussels (3rd and 4th June 2014) in which the agenda for the first meeting of the Special Group for Public Administration Reform was considered, to be held in October 2014 in Belgrade, as well as other issues of importance for the organisation and holding the meeting; 10) in coordination of the activities of the administrative districts, draft decisions on dismissing and draft decisions on appointing the head of the administrative districts have been prepared, and submitted to the 35 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Government for consideration and adoption, and also the opinions regarding the requests of the heads of the administrative districts have been submitted for the approval of official trips abroad. 11) opinions on rules for internal organisation and systematisation of job positions in the administrative state bodies and Government services have been prepared, and professional assistance has been provided to the bodies in the process of preparation of the rules; 12) decisions on requests for approving the content and form of the stamps of state and other bodies have been adopted, as well as on requests for exercising the right to severance payment for the retirement of the employees in public authorities; 13) decisions on allowing taking the state licence examination have been adopted, and taking the state licence examination for work in state bodies has been organised and conducted; 14) assistance in activities regarding the Regional School of Public Administration (ReSPA) has been provided; 15) activities regarding the realisation of the Memorandum of Understanding concluded between the Ministry of Public Administration and Local Self-Government, Ombudsman and United Nations High Commissioner for Refugees – Office in Serbia, for solving the issue of registration of birth information of the members of the Roma National Minority in the birth register (trainings were conducted for the judges (two trainings) concerning the implementation the provisions of the Law amending the Law on Non-Contentious Proceedings; trainings of the registrars and deputy registrars (two trainings), as well as the employees in the centres for social work (one training) concerning the implementation of the law and bylaws referring to the registration of the birth information into the birth register; 16) in the second instance administrative proceeding, decisions on complaints against the decision of the holder of public authorities for the entrusted work of registers have been adopted, and the responses to the complaints in the administrative proceeding against the decision of the Ministry have been prepared; 17) decisions on authorisations for performing the work of the registrars have been adopted; 18) 848 non- administrative cases related to monitoring the conflict rules and international agreements, and knowing the foreign law in statutory matters regarding the registration of facts and information into registers have been solved, as well as forwarding the public documents from registers to the competent foreign bodies, in order to inform them on the changes in the civil status of foreign citizens; 19) opinions on the proposals of reports on the implementation of international bilateral and multilateral conventions and information on bilateral cooperation with other countries have been prepared, and the participation in the Final Conference of the Project “Monitoring and Evaluation Capacity Development in the Western Balkans and Turkey’’ held on 28th and 29th April 2014 in Vienna. III Public administration activities related to human and minority rights and exercising the freedom for citizen association: the National Assembly of the Republic of Serbia adopted the Law amending the Law on National Councils of National Minorities on 24th May 2014, which entered into force on 31st May 2014. The mentioned law regulates the procedure of election of the national councils and completes the legislation framework for the organisation and implementation of elections of the members of the national councils of national minorities, planned to be conducted in October 2014. Adoption of bylaws for the implementation of the Law is in progress (Rules on entering into the Register and the manner of keeping the Register; Rules on the manner of keeping the special electoral roll of national minorities; Rules on the form and content of the form for collecting the voters’ signatures supporting electors). Within the activities of keeping the special electoral roll there is a finishing phase of the application for the Special Electoral Roll; testing the very base of the Special Electoral Roll and preparation for the analysis of data from the special electoral roll and control of mutual coherence and accuracy of data in the special electoral roll (including deletion, changing, additions and corrections) activities that go before the activities of the Ministry until adoption the 36 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Decision on conducting the elections of the members of the national councils of national minorities. The activities of keeping the registers of political parties: in the Register of Political Parties from 23rd June 2014, 93 active political parties have been registered, out of which 55 parties of national minorities. From the Register 5 political parties have been deleted as follows: 3 political parties with no sign of a national minority and 2 political parties of national minorities (the Vlach national minority and the Bosniak national minority). The Ministry has participated in the First Sub-Committee in the field of justice, freedom and safety held in Brussels on 5th and 6th June 2014 where it represented the state on the following issues: information on taken measures for changing the Law on National Councils of National Minorities after the Decision of the Administrative Court from February 2014, as well as the implementation of the recommendations of the independent state bodies and Information on the current situation regarding the national councils of national minorities and preparations for the elections of members of the national councils. IV Public administration activities related to European integrations, international cooperation and projects include creation of conditions for the access and realisation of the projects funded by pre-accession funds of the European Union, donations, and other forms of development assistance, harmonisation of regulations with the legislation of European Union and participation in negotiation structure, preparation of negotiation position and conducting the negotiations on the accession to the European Union, and other activities stipulated by law, and can be grouped as activities related to planning and implementation of projects co-funded by the funds of international development assistance and activities related to the process of European integrations, in cooperation with other sectors of the Ministry and other competent institutions of the Republic of Serbia. Activities related to projects include, inter alia: continuation of the activities for the implementation of the project “Support to Public Administration Reform 2010-2013”, funded by the donation of Sweden. The project provides the support for the realisation of several reform initiatives focused on the promotion of the organisation of work in public administration bodies, as well as the realisation of selected projects within PROFID fund, and the total value of the project is 2,1 million Euros; continuation of activities necessary for the implementation of the projects of the Ministry in the field of public administration reform approved by the National IPA Program 2012: projects “Support to further eGovernment Development’’ (total value of the project is 1,5 million Euros) and “Support to further Promotion of Professional Development of Civil Servants’’ (total value of the project is 2 million Euros); beginning of the procedure of hiring the necessary expertise, in cooperation with the European Integration Office and PLAC project, for the needs of preparation of new strategic document in the field of eGovernment development; continuation of the dialogue with the OSCE Mission in Serbia on the support for the identification and hiring of experts who would assist the creation of “Study on Different Models of Decentralisation’’, as well as the cost benefit analysis of each model; continuation of the activities on the project “Analysis of comparative solutions and good practice in the field of registers as a basis for further development of this field in the Republic of Serbia’’ funded by the Project Fund for Institutional Development –PROFID- donation of the Kingdom of Sweden, in the value of 22,950 Euros, which objective is to perceive the legislation framework of European countries and the institutionalised and organisational arrangement of registers from different perspectives significant for consideration and planning of possible further improvement in this field in the Republic of Serbia; continuation of the activities through the Legal Reform Project (GIZ) providing the support to the Ministry, in the first half of 2014, through the preparation of the analysis of possible models for establishing the institutionalised framework for professional development of civil servants in order to have a more specific definitions of the directions for further development in the field, and depending on 37 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 the final conclusions of the analysis, the possibilities of the project to continue providing the assistance to the Ministry in the field will be considered; continuation of the activities of the implementation of the “Exchange 4“ project, funded by the European Union, and implemented by the Standing Conference of Towns and Municipalities, where the Ministry is the major partner on the project and the Head of the Supervisory Board, with the objective to strengthen the capacity and technical assistance to the local self-government units, inter alia, in strategic planning, program budgeting, and issuing the municipal bonds, property management, and the development of the base of infrastructural municipal and intermunicipal projects for future funding; creation of the Action documents for the national IPA 2014 program in the field of public administration reform, which, inter alia, covers the project which implementation should be started during 2015 in cooperation with the World Bank, and which addresses the implementation of functional analyses in selected departments in order to improve the organisation of activities and functioning and implementation of the rationalisation of costs, which planned value is 2,5 million Euros, as well as the project of support to local self- government units, of the total value of 4,45 million Euros, in the application of the methodology for the creation of program budgets and improvement of program budgeting at local level, support in the census, registration and management of public property in local self-government units, as well as additional support to local self-governments hit by floods in May 2014, in order to eliminate the consequences in accordance with the priorities. Activities in the field of European integrations and international cooperation include the following: continuation of the activities conducted according to the Conclusion of the Government 05 number 119-1093/2014 defining the procedure and criteria for the election of 7 members and 7 deputy members of the Joint Consultative Committee consisted of the representatives of the Committee of the Regions of the European Union and local and regional state bodies in Serbia (hereinafter: JCC), the Ministry has received the proposals of two out of three authorised proposers for the total number of 6 members and 6 deputy members (AP of Vojvodina, Standing Conference of Towns and Municipalities); appointing the candidates and deputies for the City of Belgrade is expected in the next period; having diplomatically informed the Bureau of the Committee of the Regions on the initiated procedure of the appointment of the Serbian part of the JCC based on which the Bureaus of the Committee of the Regions has decided to initiate the procedure for establishing the part of the JCC consisted of the representatives of the European local and regional authorities of the same number. The establishment of the JCC is the obligation of the Republic of Serbia according to the Stabilisation and Association Agreement; preparation of the activities for the creation of the Action Plan for the negotiation chapter 23: “Judiciary and fundamental rights’’; creation of the annexes of the Ministry for the first audit of the National Programme for the Adoption of the Acquis 2014-2018; participation in the Sub-Committee for the implementation of the SAA in the field of justice, freedom and safety held on 5th and 6th June 2014 in Brussels, regarding the issue of National Minorities (National Councils of National Minoritis, position of Roma); participation in the meeting of the Special Public Administration Reform Group on 4th June 2014 in Brussels, as a body established within the structure for the implementation of the Stabilisation and Association Agreement; preparational activities for the analytical review of the harmonisation of domestic legislation with the European legislation within the negotiation group for the negotiation chapter 10 – Information society and media (the field of eGovernment and reuse of data from the public administration); creation of regular annexes for the needs of reporting of the European Commission on the progress of the Republic of Serbia for 2014, for the period September 2013 – April 2014.
38 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 V Public Administration activities from the field of administrative inspection – Administrative Inspectorate: the total number of 91 inspection controls have been performed which, according to the control type were as follows: regular (79), extraordinary (8) and control (4), and according to the form, the direct inspection controls; records on the inspection control propose the execution of 489 measures for the elimination of identified illegalities, irregularities and deficiencies; in order to prevent the occurrence of adverse effects of the identified deficiencies and irregularities in the implementation of the Law and other regulations, pursuant to Article 27 of the Law on Administrative Inspection (“Official Gazette of RS’’, number 87/11), three orders were sent to the inspection bodies. In order to eliminate the identified illegalities, irregularities and deficiencies in the work pursuant to Article 31 of the Law on Administrative Inspection, four decisions on making orders for the inspection bodies were adopted. Due to the non-performance of the decision of the administrative inspectorate and the infringement occurred pursuant to Article 39, paragraph 1, point 1 of the Law on Administrative Inspection and the infringement from Article 103b of the Law on Budget System (“Official Gazette of RS, no. 54/09, 73/10, 101/10, 101/11, 93/12, 62/13, 63/13 – amended and 108/13) three requests to initiate misdemeanour proceedings against the authorised persons were submitted. It has been proceeded upon 243 complaints of the citizens and legal persons, and those who had submitted the complaints were informed on the outcome of the proceedings; 133 indirect inspection controls of the operations of the authorities were performed upon the decisions adopted by the Commissioner for Information of Public Importance and Personal Data Protection in the procedure upon the complaints of those who required information; preventive measures were taken such as the warnings to the control authorities, indications to the possible adverse effects, proposing the measures for the elimination of their causes, etc., in order to prevent the occurrence of adverse effects due to the irregularities in the implementation of laws and other regulations; in June 2014, administrative inspectors, as members of Special Working Groups, participated in receiving and distributing the humanitarian aid for the needs of re- seeding in the flooded areas; the provision of professional assistance has been continued in daily contact to the control authorities in the field of the competences of the administrative inspection stipulated by law. VI Public administration activities in the field of development of eGovernment – Directorate for eGovernment, grouped in the following: the realised activities, the activities in the realisation phase and the planned activities. The realised activities: 1) Project “eGovernment Portal’’ – Migration of the system to the server infrastructure intended for the eGovernment services, as a result of the IPA 2010 project, performed successful technical and organisational preparations for the migration of the Portal, 22-23 June 2014, fulfilling the last condition set by the EU Delegation, in order to continue with the development of the “IPA 2012 – Further development of eGovernment’’; 2) Signed protocol with the Ministry of Trade, Tourism and Telecommunication (MTTT) related to the further activities on the realisation of the project for the development of eGovernment (issuing personal documents done with the Ministry of Internal, issuing cadastre documents necessary for the process of issuing construction permits which is done with the Republic Geodetic Authority and the insight into the state of tax obligations from the competences of local self-government done with the Tax Administration and Local tax administrations). The project portfolio developed by the Directorate from the budget of MTTT amounts to 2,500,000 EUR; signed the Cooperation Agreement covering all the necessary details for the successful realisation of these projects in order to perform a detailed division of rights and obligations of all the bodies, as well as the bodies for which the projects are developed (Ministry of Interior, Tax Administration, Republic Geodetic Authority); 3) For the project “Improvement of the Standardisation of Web Presentations of Public Administration 39 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Bodies’’, the Assessment Report on the harmonisation of web presentations of public administration bodies (local self-government units will be included in the assessment in 2014) was created, and in the procedure is also the adoption of the Conclusion of the Government, new Guidelines for Preparation of Web Presentations of Public Administration and Local Self- Government Bodies are created and prepared for the adoption by the Conclusion of the Government; within this project, the organisation of the round table is also planned for an open discussion on the new Guidelines for preparation of web presentations of public administration bodies v 5.0, with the possibility of expanding to the local self-government. The activities in the realisation phase: 1) Project “Support to eGovernment Development IPA 2010’’, refers to the development of e-services regarding the issuing of personal documents (Ministry of Internal), issuing of cadastre documents (Republic Geodetic Authority) and the insight into the state of tax obligations from the domain of local self-governments (Tax Administration and Local Self-Government administration): 1/1) Ministry of Interior – system development phase with the deadline for the completion of the test version on 15th August 2014, the completion of the project is expected for the middle of December 2014; 1/2) Republic Geodetic Authority – signed detailed functional specification and further steps include the application development with the defined deadline of the production in December 2014; 1/3) Tax Administration – system development phase, where the planned deadline for the completion is end of November 2014 and the first test version of application is expected for the end of September 2014; 2) Project “Implementation of eServices related to the process of driver candidates training’’ which end user is the Ministry of Interior, with the budget of 25,000,000. The tender process was completed, and the contract with the contractor S&T Belgrade was signed. On the basis of this contract, this project is planned to be completed within 120 working days (6 months), the Directorate for eGovernment manages and coordinates of the project activities; 3) Project “eGovernment Portal’’ – Ensuring the payment by DinaCard, Visa, Master Card at the Portal has been completed to the test phase, where on the test environment a complete process of payment has been developed, the production regime will be established after the decisions related to the selection of the commercial bank of the card acquirer, amount and payment of commission and defining the process of complaints; a meeting with the Ministry of Finance was held for the successful completion of the project. The planned activities: 1) Project “eGovernment Portal’’ – Ensuring the payment by DinaCard, Visa, Master Card at the Portal, solve the issue of the selection for the commercial bank acquirer and realise all the rest of the activities until the production regime of work; 2) Project “Support to eGovernment Development IPA 2010’’, test phases should be realised for all the three users: Ministry of Interior, Republic Geodetic Authority and Tax Administration, and Local Tax administration; 3) Project “Implementation of eServices related to the process of driver candidates training’’ the project test phase should be realised; 4) Project “IPA 2012 - Further Development of eGovernment’’, prepare the tender document; 5) New eGovernment Strategy, complete the first versions of the documents of the new Strategy, with the emphasis on the research of the development of eGovernment Strategy of the countries in the region in the EU; 6) problem in the realisation of the Project “eGovernment Portal’’ – Ensuring the payment by DinaCard, Visa, Master Card at the Portal, which was fully completed until the test phase, continue the cooperation with the Ministry of Finance and the Treasury in order to select the commercial acquire banks, decisions related to the amount and payment of commission and defining the process of complaints.
8. REGULATIONS APPLIED BY THE MINISTRY 40 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 The summary of the regulations applied by the Ministry was published at the website of the Ministry www.m duls .gov.rs, in the section Documents.
Regulations used by the Secretariat of the Ministry: The Law on Civil Servants („Official Gazette of RS’’, Nos. 79/05, 81/05-amended, 83/05-amended, 64/07, 67/07, 116/08, 104/09 and 99/14) The Labour Law (“Official Gazette of RS’’, Nos. 24/05, 61/05, 54/09, 32/13 and 75/14) The Law on Salaries of Civil Servants and General Service Employees (“Official Gazette of RS’’, Nos. 62/06, 63/06-amended, 115/06-amended, 101/07, 99/10, 108/13 and 99/14) The Law on Public Procurement (“Official Gazette of RS’’, No. 124/12) The Law on Government (“Official Gazette of RS’’, Nos. 55/05, 71/05 – amended, 101/07, 65/08, 16/11 , 68/12, 72/12, 7/14 – CC and 44/14) The Law on Determination of Maximum Number of Employees in Public Administration (“Official Gazette of RS’’, No. 104/09) The Law on National Assembly (“Official Gazette of RS’’, Nos. 9/10 and 108/13- other law) The Law on Anti-Corruption Agency (“Official Gazette of RS’’, Nos. 97/08, 53/10, 66/11 - CC, 67/13 - CC, 108/13 – other law and 112/13 – other regulation) The Law on Free Access to Information of Public Importance (“Official Gazette of RS’’, Nos. 120/04, 54/07, 104/09 and 36/10) The Law on Personal Data Protection (“Official Gazette of RS’’, Nos. 97/08, 104/09 – other law, 68/12 – CC and 107/12) The Law on Prevention of Abuse at Work (“Official Gazette of RS’’, No. 36/10) The Law on Obligations (“Official Gazette of SFRY’’, Nos. 29/78, 39/85, 45/89 - CC, 57/89, “Official Gazette of FRY’’, Nos. 31/93, 22/99 – other regulation, 23/99 - amended, 35/99 – other regulation and 44/99 – other regulation) The Law on General Administrative Procedure (“Official Gazette of FRY’’, Nos. 33/97 and 31/01, “Official Gazette of RS’’, No. 30/10) The Law on Administrative Disputes (“Official Gazette of RS’’, No. 111/09) The Law on Employment and Unemployment Insurance The Data Secrecy Law (“Official Gazette of RS’’, No.104/09) The Law on the Seal of Governmental and Other Bodies (“Official Gazette of RS’’, No. 101/07) The Law on Ministries („Official Gazette of RS'', No. 44/14); The Law on Public Administration (“Official Gazette of RS’’, No. 79/05, 101/07, 95/10 and 99/14); The Budget System Law (“Official Gazette of RS’’, Nos. 54/09, 73/10, 101/10, 101/11, 93/12, 62/13, 63/13 – amended and 108/13); The Law on the Budget of the Republic of Serbia for the Current Year The Law on Accounting (“Official Gazette of RS’’, No. 62/13) The Law on Auditing (“Official Gazette of RS’’, No. 62/13) The Pension and Disability Insurance Law (“Official Gazette of RS’’, Nos. 34/03, 64/04 - CC, 84/04 – other law, 85/05, 101/05 – other law, 63/06 - CC, 5/09, 107/09, 101/10, 93/12, 62/13, 108/13 and 75/14) Bylaws 41 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Special Collective Agreement for State Authorities (“Official Gazette of RS’’, Nos. 95/08, 86/11 – other regulation and 95/13 - CС); Regulation on Office Management of Public Administration Authorities (“official Gazette of RS’’, No. 80/92); Regulation on the Principles of Internal Organization and Job Classification in the Ministries, Special Organizations and Government Services (“Official Gazette of RS’’, No. 81/07 – revised text, 69/08, 98/12 and 87/13); Regulation on the Classification of Jobs and Criteria for Civil Servants Job Descriptions (“Official Gazette of RS’’, Nos. 117/05, 108/08, 109/09, 95/10 and 117/12); Regulation on the Classification of Jobs for General Service Employees (“Official Gazette of RS’’, Nos. 5/06 and 30/06) Regulation on the Implementation of Internal and Public Competition for Filling the Vacancy in State Bodies (“Official Gazette of RS’’, Nos. 3/06, 38/07, 41/07-revised text 109/09); Regulation of Preparing the Staffing Plan in State Bodies (“Official Gazette of RS’’, No. 8/06); Regulation on Appraisal of Civil Servants (“Official Gazette of RS’’, No. 11/06 and 109/09); Regulation on the Form for Record Keeping and Manner of Keeping Records on the Personal Data Processing (“Official Gazette of RS’’, No. 50/09); Regulation on Compensations and Other Income of Elected and Appointed officials in State Bodies (“Official Bodies of RS’’, No. 44/08 – revised text); Regulation on the Procedure for Data or Documents Confidentiality (“Official Gazette of RS’’, No. 8/11); Regulation on budgetary accounting (“Official Gazette of RS’’, Nos. 125/03 and 12/06) Regulation of Coefficients for the Calculation and Payment of Salaries of Appointed and Elected Officials and Employees of State Bodies (“Official Gazette of RS’’, No. 44/08 revised text) Regulation on Compensation and Severance Costs of Government Officials and General Service Employees (“Official Gazette of RS’’, No. 98/07 and 84/14) Guidelines for Office Management of Public Administration Bodies (“Official Gazette of RS’’, No. 10/93 and 14/93-amended) Regulation on eOffice Management of Public Administration Bodies (“Official Gazette of RS’’, No. 40/10) Guidelines for eOffice Management (“Official Gazette of RS’’, No.102/10) Rules of Procedures of the Government (“Official Gazette of RS’’, Nos. 61/06 – revised text, 69/08, 88/09, 33/10, 69/10, 20/11, 37/11, 30/13 and 76/14); Rules of Procedures of the National Assembly (“Official Gazette of RS’’, No. 20/12 – revised text); Rules on the Gifts of the Officials (“Official Gazette of RS’’, No. 81/10 and 92/11);
42 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Ordinance on the Form and Content of a Procurement Plan and Report on the Execution of a Procurement Plan (“Official Gazette of RS’’, No. 29/13) Ordinance on the Form and Content of the Request for an Opinion on the Merits of Applying the Negotiated Procedure (“Official Gazette of RS’’, No. 29/13) Ordinance on the Manner of Proving the Fulfilment of the Conditions that the Offered Goods are of Domestic Origin (“Official Gazette of RS’’, No. 33/13) Ordinance on the Mandatory Elements of Bidding Documents in Public Procurement Procedures and the Manner of Proving the Fulfilment of Conditions (“Official Gazette of RS’’, No. 29/13) Rulebook on the Contents of the Report on Public Procurement and the Manner of Keeping Records of Public Procurement (“Official Gazette of RS’’, No. 29/13) List of International Organizations and International Financial Institutions Whose Special Public Procurement Procedures may be Applied Instead of the Provisions of the Law on Public Procurement (“Official Gazette of RS’’, No. 33/13) Regulations on the Rules of Conduct of Employers and Employees Regarding the Prevention and Protection from Abuse at Work (“Official Gazette of RS’’, No. 62/10); Regulations on Professional Qualifications, Knowledge and Skills Tested in the Electoral Process, the Manner of Testing and Criteria for Selection to the Job Positions (“Official Gazette of RS’’, Nos. 64/06, 81/06, 43/09 and 35/10);
Regulations applied by the Sector for Public Administration, Labour and Legal Relations and Salaries:
Public Administration Reform Strategy in the Republic of Serbia (“Official Gazette of RS’’, Nos. 9/2014 и 42/2014 - amended) Strategy for Professional Development of Civil Servants in the Republic of Serbia 2011- 2013 (“Official Gazette of RS’’, Nos. 56/11, 51/13), Special Collective Agreement for Public Bodies (“Official Gazette of RS’’, No. 95/2008) Code of Conduct for Civil Servants (“Official Gazette of RS’’, No. 29/2008)
Regulations applied by the Sector for Human and Minority Rights and Registers: The Law on Registers of Birth, Marriages, and Deaths (“Official Gazette of RS’’, No. 20/09) Guidelines for Keeping Registers of Births, Marriages and Deaths and Their Forms (“Official Gazette of RS’’, Nos. 109/09, 4/10-amended, 10/10, 25/11, 5/13 and 94/13); Rules on the Programme and Method of Taking the Special State Licence Examination for Registrars (“Official Gazette of RS’’, No. 101/09); Rules on Issuing the Certificates from Registers of Births, Marriages, and Deaths for Abroad (“Official Gazette of RS’’, No. 15/10); Rules on the Procedure for Issuing the Registration Form for Child Birth and on the Form of the Registration of Child Birth for Health Care Institution (“Official Gazette of RS’’, No. 25/11); 43 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Rules on the Procedure of Issuing the Death Certificate and the Form of the Death Certificate (“Official Gazette of RS’’, No. 25/11); Rules on the Content and the Manner of Keeping the Record on the Authorisations for Performing the Registrar Activities (“Official Gazette of RS’’, No. 72/11); Rules on the Content and the Manner of Keeping the Record on the Permits that the Deceased Can be Buried Prior to the Registration of the Death Data by the Registrar (“Official Gazette of RS’’, No. 117/12).
Regulations applied by the Sector for Normative Affairs:
Public Administration Reform Strategy in the Republic of Serbia (“Official Gazette of RS’’, Nos. 9/2014 и 42/2014 - amended) The Law on Civil Servants („Official Gazette of RS’’, Nos. 79/05, 81/05-amended, 83/05-amended, 64/07, 67/07, 116/08, 104/09 and 99/14) The Labour Law (“Official Gazette of RS’’, Nos. 24/05, 61/05, 54/09, 32/13 and 75/14) The Law on Salaries of Civil Servants and General Service Employees (“Official Gazette of RS’’, Nos. 62/06, 63/06-amended, 115/06-amended, 101/07, 99/10, 108/13 and 99/14) The Law on Salaries in State Bodies and Public Services (“Official Gazette of RS’’, Nos. 34/01, 62/06 – other law, 116/08 – other law, 92/11, 99/11 – other law, 10/13 and 55/13 and 99/14 The Law on Ombudsman (“Official Gazette of RS’’, Nos. 79/05 and 54/07) The Law on the Election of Members of Parliament (“Official Gazette of RS’’, Nos. 35/00, 57/03-decision of the CCRS, 72/03- other law, 75/03-amended other law, 18/04, 101/05-other law, 85/05-other law, 28/11-decision of the CC, 36/11 and 104/09- other law) The Law on the Election of the President of the Republic (“Official Gazette of RS’’, Nos. 11/07 and 104/09-other law) The Law on Referendum and Civil Initiative (“Official Gazette of RS’’, No. 48/94 and 11/98) The Law on Public Agencies (“Official Gazette of RS’’, No. 18/05 и 81/05- amended) The Law on Public Services (“Official Gazette of RS’’, Nos. 42/91, 71/94,79/05-other law, 92/11,99/11-other law, 10/13 and 55/13) The Law on the National Seal of the Republic of Serbia (“Official Gazette of RS’’, No. 101/07) The Law on Local Self-Government (“Official Gazette of RS’’, No. 129/07 and 83/14- other law) The Law on Local Elections (“Official Gazette of RS’’, Nos. 129/07, 34/10-CC and 54/11) The Law on Territorial Organisation of the Republic of Serbia (“Official Gazette of RS’’, No. 129/07) The Law on Communal Police (“Official Gazette of RS’’, No.51/09) The Law on the Capital City (“Official Gazette of RS’’, No. 129/07) The Law on General Administrative Proceeding (“Official Gazette of FRY’’, Nos. 33/97 and 31/01, “Official Gazette of RS’’, No. 30/10) 44 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 The Law on Ministries (“Official Gazette of RS’’, No. 44/14); The Law on Public Administration (“Official Gazette of RS’’, Nos. 79/05, 101/07, 95/10 and 99/14); Regulation on Compensation and Severance Costs of Government Officials and General Service Employees (“Official Gazette of RS’’, No. 98/07 and 84/14) Guidelines for Office Management of Public Administration Bodies (“Official Gazette of RS’’, No. 10/93 and 14/93-amended) Regulation on eOffice Management of Public Administration Bodies (“Official Gazette of RS’’, No. 40/10) Guidelines for eOffice Management (“Official Gazette of RS’’, No.102/10) Rules of Procedures of the Government (“Official Gazette of RS’’, Nos. 61/06 – revised text, 69/08, 88/09, 33/10, 69/10, 20/11, 37/11, and 30/13); Rules of Procedures of the National Assembly (“Official Gazette of RS’’, No. 20/12 – revised text); Rules on the Manner and Procedure of Performing Communal Police Control (“Official Gazette of RS’’, No. 106/09) Regulations on the Definition of Mental and Physical Abilities Required for Performing the Municipal Police Activities (“Official Gazette of RS’’, No. 106/09) Ordinance on the Program, Time and Method of Professional Training and Development, Content and Manner of Examination and Verification of Qualification, Records and Certificates of Examinations Passed and Qualifications Established for Communal Police Officers (“Official Gazette of RS’’, No. 106/09, 58/10 and 73/10) Ordinance on the Official Identity Card of the Communal Police Officers (“Official Gazette of RS’’, No. 106/09) Regulations on the Criteria of Allocation of Work Resources from Assigned Revenues of the Budget of the Republic, Acquired by the Games of Chance, and Used to Fund Local Government (“Official Gazette of RS’’, No. 54/13) Regulations on Compensation for Verification of Signatures of Voters Who Support the Electoral List for the Election of the Members of Parliament (“Official Gazette of RS’’, Nos. 42/00 and 43/02)
9. SERVICES PROVIDED BY THE MINISTRY TO THE INTERESTED PARTIES
PREPARATION OF LAWS AND ADOPTION OF BYLAWS
In accordance with the Law on Public Administration, the Minister decides on the rulebooks, orders and guidelines, published in the “Official Gazette of the Republic of Serbia’’. the Ministry of Public Administration and Local Self-Government prepares and creates the laws within its purview stipulated by Article 10 of the Law on Ministries (“Official Gazette of RS’’, No. 44/2014).
PROVISION OF OPINIONS 45 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Pursuant to the provision of Article 80 of the Law on Public Administration (“Official Gazette of RS’’, Nos. 79/05, 101/07 and 95/10), it is defined that upon the request of a natural or legal persons, the public administration bodies must provide opinions on the implementation of provisions of laws and other general acts, within 30 days (paragraph 1); the opinions of the public administration bodies are not binding (paragraph 2).
PROCEDURE FOR OBTAINING OF EXPERT OPINION
The Law on Administrative Fees and the Tariff of the National Administrative Fees as a part of the Law, define the payment of the fee for the request for providing the interpretation, explanation, or opinion on the implementation of the national regulations to natural persons in the amount of 1,260.00 dinars, as well as the fee for the request for providing the interpretation, explanation, or opinion on the implementation of the national regulations to legal persons, that is, entrepreneurs in the amount of 10,330.00 dinars.
If an unpaid or insufficiently paid application, or other request is delivered by mail, the authorised person of the body competent for deciding on the application, or request shall send a written invitation to the applicant to, within ten days starting from the day of submitting the application, pay the defined fee and the warning fee and warn him about the consequences of the non-payment of the fee.
PROVISION OF INFORMATION OF PUBLIC IMPORTANCE
Pursuant to the Law on Free Access to Information of Public Importance (“Official Gazette of RS’’, Nos. 120/04, 54/07, 104/09 и 36/10), the information and documents in possession of the Ministry of Public Administration and Local Self-Government, deriving from the operations of or in relation to the Ministry, are available to everyone for exercising and protecting the interest of the public to know, achieving the free democratic order and the open society.
10. SERVICE PROVISION PROCEDURE
Pursuant to Article 70 of the Law on General Administrative Procedure, political parties and any third party, who makes its legal interest possible for this purpose, are provided with an opportunity to browse the cases, and also to copy in writing, or photocopy the aforementioned files, at their own expense, under supervision of the appointed officer. A Request for browsing or copying the files may be submitted in writing or verbally. The same is applied on the Request for notification on the course of the procedure. Pursuant to Article 70 paragraph 6 of the same Law, a special complaint against rejection of the request for browsing the files and notification on the course of the procedure is allowed and when the conclusion is not issued in writing, the complaint can be lodged immediately following the rejection announcement, not later than 24 hours from the announcement; the complaint shall be decided on within 48 hours from the moment of lodging the complaint.
46 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 The Ministry shall professionally, timely and objectively decide on the submitted requests, by respecting the deadlines prescribed by the Law on General Administrative Proceedings (‘’Off. Gazette of FRY’’ No. 33/97, 33/200 and 31/10 and ‘’Official Gazette of RS“, No. 30/10), Activities performed within the Sector for Public Administration, Labour and Legal Relations and Salaries can be divided into several groups:
.The Group for the system of public administration and organization and work of the public administration bodies performs activities which are related to the procedure of passing acts on the internal organisation and systematisation of job positions in the public administration bodies and other bodies to which the internal organisation regulations are applied. These activities include: providing professional assistance to the bodies upon defining the draft acts on the internal organisation and systematisation of job positions ; considering the draft acts; preparing the opinion on the acts, which are delivered to the competent board or the Government for consideration for obtaining the consent and managing the records on the current acts on the internal organisation and systematisation of job positions of all public administration bodies, which may be provided for inspection to interested parties. For the purpose of illustration, the following example of an opinion to the Rulebook on the internal organisation and systematisation of job positions is provided:
„______We have considered the text of the Rulebook on the internal organisation and systematisation of job positions in ______which you have, in interest of obtaining an opinion, submitted to us in ______and we inform you that, from the perspective of the purview of this Ministry and existing regulations, we have no objections. ______”
Activities regarding this group are performed within three job positions:
job positions of the Head of the Sector for the Public Administration System and Work of the Public Administration Bodies, appointed with the rank of an independent advisor; job positions for improving the organisation and work of the public administration bodies and activities of the professional services of the administrative districts, appointed with the rank of an advisor; job positions for coordination of activities of the administrative districts, appointed with the rank of an independent advisor. The person appointed as the Head of the Group for Organisation and Work of the Public Administration Bodies, is Tatjana Čabak, an independent advisor ( tatjana.cabak@ mduls .gov.rs) III floor, room 1, phone: 011/2645-231, for the job positions for the organisation and work of the public administration bodies and activities of the professional services of the administrative districts - there are no appointed persons; for the job positions for coordination of activities of the administrative districts, the appointed person is – Đorđe Stepanović, an independent advisor ([email protected] ), VII floor, room 2, phone: 011/2685-381. . Department for Implementation of Public Administration Reform and Professional Development performs activities related to preparing the Action Plan for implementing the Public Administration Reform Strategy in the Republic of Serbia, monitoring, coordination of activities of the bodies during the process of preparing and monitoring the realisation of the 47 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 aforementioned Action Plan; then activities related to implementing the initiative Open Government Partnership through preparing the Action Plan for realising the partnerships, monitoring, coordination of activities of the bodies and creating the mechanisms for including the civil society organisations in the process of preparing and monitoring the implementation of the Action Plan for Realisation of Open Government Partnership, but also in participation in activities deriving from obligations defined on the basis of the membership in the Regional School of Public Administration (ReSPA); For illustrating the work of this department, the following examples are provided: Form for collecting proposals and comments of the civil society organisations for improving the text of the Draft Action Plan for implementing the initiative Open Government Partnership.
Activities related to organising state licence examinations for work in the state bodies are performed in accordance with the Law on Public Administration, Law on Civil Servants and Regulation on the Programme and Manner of Taking the State Licence Examination. Most frequently asked questions are related to the requirements for taking the state licence examination which are to be satisfied by the applicants, subjects which are examined, and the manner of taking the licence examination by the civil servants within the public administration bodies, companies, institutions, public authority holders, etc. Licence examination is taken in front of the examination committee composed of the Minister of Public Administration and Local Self-Government. The applications for taking the state licence examination are submitted by the public administration body, or by another body or 48 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 organisation where the applicant is employed, and they can also be submitted by the applicant him/herself. After submitting the application the applicants are notified on the exam date which is determined, by rule, within 20 to 40 days from the date of submitting the application, and the applicant is notified in writing on the date, place, time and amount of the fee for taking the state licence examination within 30 days from the date set for taking the state licence examination. Certificate on the passed state licence examination which is delivered ex officio is issued to each applicant. Guide for taking the State Licence Examination, Programmes for taking the exam as well as all other information related to taking the State Licence Examination is available on the site of the Ministry of Public Administration and Local Self-Government on the following link: http://www.mduls.gov.rs/drzavni-ispit.php
Form of the request for taking the state licence examination, Certificate on the passed state licence examination based on the programme for higher education and Certificate on the passed state licence examination based on the programme for secondary education are to follow.
49 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Form 1 Form for taking the state licence examination
50 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Form 2 Certificate on the passed state licence examination based on the higher education programme 51 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Form 3 Certificate on the passed state licence examination based on the secondary education programme 52 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Activities in this department are performed within five job positions with five civil servants, as follows:
Job position of the Head of the Department for implementation of public administration reform and professional development, appointed with the rank of a senior advisor; Job position for activities related to implementing the initiative Open Government Partnership, appointed with the rank of an advisor; Job position for improving the field of professional development, appointed with the rank of an advisor;
53 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Job position for organising state licence examination for work in the public administration bodies, appointed with the rank of an independent advisor; Job position for statistical and evidentiary activities, appointed with the rank of an officer.
The person appointed for performing the activities of implementing the initiative Open Government Partnership is Dragana Brajović, advisor ( dragana.brajovic @mduls.gov.rs), IV floor, room 4, phone: 011/3620-140, for the job position related to organising state licence examination for work in the public administration bodies the appointed person is Nevenka Stanojević, independent advisor ( nevenka.stanojevic@ mduls .gov.rs), III floor – room 5, phone: 011/3620-144 and for the job position for statistical and evidentiary activities – Maja Rakić, officer ( maja.rakic@ mduls .gov.rs ), III floor - room 5, phone: 011/3620-144.
. Department of Salaries participates in preparing the regulations in the field of salaries in the public administration bodies, public agencies and services and local self-government units and autonomous provinces and they coordinate the activities of the competent ministries in terms of passing the regulations which define the payroll accounting elements. Activities in this department are performed within three job positions with six civil servants, as follows: Job position of the Head of the Department of Salaries, appointed with the rank of a senior advisor; Job position for monitoring the area of salaries, appointed with the rank of an independent advisor (2); Job position for activities related to regulating the payroll financing system, appointed with the rank of an advisor (3);
The persons appointed for monitoring the area of salaries are: Dragan Vujčić, independent advisor ( dragan.vujcic @mduls.gov.rs), III floor, room 6, phone: 011/268-11-62 and Ljiljana Veličković Tomić, independent advisor ( ljiljana.tomic @mduls.gov.rs ), IV floor, room 5, phone: 011/2686-786; the person appointed for performing the activities related to regulating the payroll financing system is Irena Otašević, advisor ( irena.otasevic @mduls.gov.rs), IV floor, room 4, phone: 011/3620-140.
. Activities related to monitoring the labour relations in the public administration bodies, refer to monitoring the implementation of the Law on Civil Servants, as well as the regulations passed during the enforcement of the provisions of this Law - Regulation on implementing the internal and public competition for filling the job positions in the public administration bodies, Regulation on classification of job positions and scale for job descriptions for civil servants, Regulation on assessing the civil servants, Regulation on preparing the human resources plan in the public administration bodies, and Regulation on founding the Human Resources Management Service. Activities related to monitoring the labour relations in the autonomous province and local self-government bodies, refer to implementation of the Law on Labour Relations in State Bodies, which are applied to the labour relations of the employed in the aforementioned bodies. Since a recent adoption of the new law on the employed persons in the autonomous province and local self-government bodies is expected, harmonised with the requests of the modern administration, a special attention will be devoted to implementation of this Law and promotion of flexibility of fluctuation of the employed persons among various levels of public 54 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 administration. Furthermore, within the meaning of harmonising the labour and legal status of the employed persons in public administration, or persons performing activities derived from the public authorisations, as one of the special objectives of the Public Administration Reform Strategy of the Republic of Serbia, the implementation of the provisions of special laws regulating specific rights and obligations arising from employment in public services are also analysed in this Department as well as the possibility for a greater standardisation of the labour and legal institutions in public administration. Proposals of new and harmonised solutions in the field of labour and legal relations in the public sector should derive, primarily, from performing the aforementioned activities of the Department, which would contribute to a greater rationalisation and efficiency of public administration in general. Activities in this department are performed within three job positions with six civil servants, as follows: Job position of the Head of the Department of Labour and Legal Relations, appointed with the rank of a senior advisor; Job position for monitoring the area of labour and legal relations, appointed with the rank of an independent advisor (2); Job position for activities related to regulating the system of labour and legal relations, appointed with the rank of an advisor (3).
The person appointed for the Head of the Department of Labour and Legal Relations is Goran Božić, a senior advisor ( goran.bozic @mduls.gov.rs), IV floor, room 5, phone: 011/2686-786; the person appointed for performing the activities related to regulating the payroll financing system is Andrijana Petković, an independent advisor ([email protected]), III floor, office no. 6, phone 011/2646-887. ***
Department for the Civil Status of Citizens – Sector for Human and Minority Rights and Registers, performs activities related to registers which may be categorised in several groups:
The first group is composed of activities related to the second instance administrative procedure based on the complaints to the first instance decisions of the public authority holders regarding the delegated public administration authorisations concerning registers. What should be emphasised here is that the activities related to maintaining the registers and resolving the cases in the first instance administrative procedure in the field of registers pursuant to Article 6 of the Law on Registers, are delegated to the municipalities, or cities, or the city of Belgrade, and also that the aforementioned activities for the territory of the AP of Kosovo and Metohija, were delegated to the following cities: Niš, Kragujevac, Kraljevo, Kruševac, Jagodina, Vranje and Leskovac. The activities of maintaining the registers and resolving the cases in the first instance administrative procedure are conducted by the municipal administration, or the city administration, or the Belgrade City Administration. These activities include implementation of the second instance administrative procedure, preparation of the draft solutions, preparation of the response to the Administrative Court on the lawsuits in the administrative disputes against the decision of the Ministry and harmonisation of the work of the bodies related to maintaining the first instance administrative procedure.
55 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Implementation of the aforementioned activities is performed in accordance with the Law on Registers of Births, Marriages and Deaths, Guide on keeping the registers and register forms, Law on General Administrative Proceedings and Law on Administrative Disputes. 1) In the procedure of drafting the decision, the Ministry shall enforce an administrative procedure on the complaints to the decisions of the first instance bodies, as a second instance body, after determining that the complaint has been timely submitted, permitted and declared by an authorised person and after they have delivered it to the Ministry, as well as all the documents based on which the first instance decision was made. In case the party – complainant directly lodges a complaint to the second instance body, which frequently occurs in practice, then the complaint shall be delivered to the first instance body for its previous examination (whether the complaint was timely, permitted and declared by an authorised person). If all of the provided requirements are cumulatively satisfied the complaint shall be returned to the second instance body along with all of the documents related to the case. After conducting the procedure, which includes consideration of the complaint, refuted decision and documents of the case file, the draft decision is being prepared. The procedures are mostly related to the following: subsequent registration of the birth/death information, correction of a mistake in the registers, renewal of registration of the birth information, marriage registration and case of death in the registers and registration of the birth information, marriage registration and case of death of the citizens of the Republic of Serbia in the domestic registers which happened abroad based on the documents of the foreign authority, insight into the registers, cancellation of the registration of the birth information, marriage registration and case of death conducted by the local non-competent body, etc. The minister competent for administration activities shall decide on the complaints against the first instance decision.
For the purpose of illustration, an example of a second instance decision is provided by which the complaint lodged regarding the case on the correction of a mistake made in the birth register is refuted: ‘’Pursuant to Article 215 of the Law on General Administrative Proceedings (‘’Official Gazette of FRY’’ no. 33/97, 31/01 and ‘’Official Gazette of RS’’ no. 30/10, Article 10 of the Law on Ministries (‘’Official Gazette of RS’’ no. 44/14), Article 7 of the Law on Registers of Births, Marriages and Deaths (‘’Official Gazette of RS’’ no. 20/09), Articles 23 and 24 of the Law on Public Administration (‘’Official Gazette of RS’’ no. 79/05, 101/07 and 95/10), and based on the authorisation of the Minister of Public Administration and Local Self-Government, no.: ______as of the year______, by deciding on the complaint______by______with the address ______no. ______, who is represented by ______, the attorney from ______, with the address ______no. ______, regarding the case: correction of the mistake in the birth register, The Ministry of Public Administration and Local Self-Government adopts a
DECISION
That the complaint by ______from______is REFUTED, lodged against the decision of the Municipal Administration from ______, Department of General Administration and Non-Economic Activities, no.: ______as of the year______, as ungrounded.
Explanation
56 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Ministry of Labour and Social Policy by the Act no.: ______as of the year______, pursuant to Article 56, paragraph 4 of the Law on General Administrative Proceedings (‘’Official Gazette of FRY’’ no. 33/97, 31/01 and ‘’Official Gazette of RS”, no. 30/10), has forwarded the complaint by ______from ______to the further competence of the Ministry of Public Administration and Local Self-Government, lodged against the decision of the Municipal Administration from ______, Department of General Administration and Non-Economic Activities, no.: ______as of the year______, as well as the documents related to the case of the first instance body based on which the disputed decision was passed. Based on the delivered documents of the case which are related to the registers, the Ministry of Public Administration and Local Self-Government as the second instance body dealing with the public administration activities has decided the following: ‘’The complaint is timely, permitted and declared by the authorised person. In the complaint it is stated, inter alia, that the complainant is unsatisfied with the first instance decision having in mind that the first instance body has passed the disputed decision ‘’contrary to the basic principles of the administrative procedure, hereby grossly neglecting the expedience of the act of passing the decision by which the correction of the mistake in the surname is allowed in the procedure in question.’’ Furthermore, it is stated in the complaint that the surname ______is differently ‘’written in the registers and public records solely by the mistake of the body keeping the registers and therefore it is more expedient and easier to conduct the correction of the surname in the manner required by the complainant.’’ The first instance procedure was initiated in the year ______by the request of the complainant for correcting the mistake in the birth register kept for the municipality of ______, birth area______, under the reference number for the year ______, where the birth information registering was made of the person ______, so that his surname would be changed from ______to ______. In the request it is also stated that the person ______is the father of the complainant, so therefore, she is directly and legally entitled to be the party involved in the procedure of correcting the mistake in the birth register concerning her father. Furthermore, she emphasises that the surname ______-______was unintentionally recorded in the birth register since this is the maiden surname of his mother by the name ______, and that there are filled data about his father in the document in question. Aside from this, it is also stated that the data on the father of the complainant by the name – surname ______were recorded in the birth register of the complainant, and that the complainant has entered into marriage with the surname in question recorded in the birth register kept for the municipality of ______, birth area______, under the reference number______for the year ______. It is specially indicated that the person ______with the correct name and surname is registered at the Real Estate Cadastre Service ______, property list number ______for the CM ______, as the proprietor of the real estate in question. It is further stated that the person ______went missing during the Second World War, so that it is necessary to conduct the judicial proceeding for designating the person in question as deceased. Beside the submitted request, photocopies of the following documents are also submitted: birth register certificate on the name: ______; birth register certificate on the name: ______and ______; transcription of the property list under the number __ CM ______on the name: ______; birth register certificate on the name: ______and the identity card of the complainant. Aside from this, by the Conclusion no.: ______as of the year ______, the first instance body has ordered the party to submit the specified evidence proving that the representative of the paty has notified the first instance body with the application as of the year ______on the reasons for the failure of acting in accordance with the application and obtained the marriage register certificate ex officio on the name: ______and ______and also the marriage register certificate on the name: ______and ______. Based on the submitted and derived evidence the first instance body passed the decision as of the year ______regarding the lodged complaint by the decision no.: ______as of the year ______, 57 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 which has entirely been refuted by the Ministry and returned to the first instance body for the repeated procedure. Regarding the provided instructions referred to in the second instance decision, the first instance body has completely adhered to the objections of the second instance body and removed certain irregularities in the procedure of obtaining the evidence, passing the decision and implementing the regulation, pursuant to Article 232 paragraph 2 of the Law on General Administrative Proceedings. In the repeated procedure, and for determining the decisive facts, the first instance body has derived and obtained the following evidence: - certified photocopy of the page in the birth register where the birth information of the person ______was recorded; - certified photocopy of the page in the marriage register where the marriage information of the persons ______and ______was recorded; - certified photocopy of the page in the birth register where the birth information of the complainant ______was recorded; - certified photocopy of the page in the marriage register where the marriage information of the complainant ______was recorded; - certified photocopy of the page in the marriage register where the marriage information of the persons ______and ______was recorded, and - certified photocopy of the citizenship information of the complainant. Having considered the complaint, refuted decision and all the documents related to the case in question, the Ministry of Public Administration and Local Self-Government as the second instance body concerned with this administrative case has decided that the first instance procedure was appropriately carried out and that the refuted decision was based on the law concerning the content and form. Within this meaning, the second instance body has found the evidence in the first instance procedure correctly evaluated, or that the conclusions regarding the factual state of affairs were properly derived from the determined facts thus properly implementing the provisions of Article 31 of the Law on Registers of Births, Marriages and Deaths (‘’Official Gazette of RS’ no. 20/09) and point 22 of the Guide on keeping the registers and register forms (‘’Official Gazette of RS’ no. 109/09, 4/10-corrigendum, 10/10 and 25/11) by which it is regulated that the mistakes occurring in the registers which were noticed after concluding the basic registration, may be corrected by the registrar only based on the decision of the competent body referred to in Article 6 paragraphs 2 and 4 of the Law on Registers of Births, Marriages and Deaths who is keeping the register where the mistake correction is made, as well as based on the final decision of other competent bodies. The mistake correction procedure is conducted ex officio or on the request of the party, or the person directly or legally entitled to submit a request according to the regulation defining the general administrative procedure. Therefore, the first instance body has responsibly and carefully examined each piece of evidence and based on this separately and all together assessed each piece of evidence and accordingly made an enforceable decision. The first instance body has properly found upon deciding on the reasonability of the case request that the birth register where the birth information of the person ______was recorded does not include the mistake concerning his surname. In the case in question as a legally relevant evidential remedy, primarily, the birth register was considered where the birth information concerning Blagoje is clearly stated only with the included information on his mother - ______, widow of the deceased ______. Furthermore, the person ______entered into marriage with the surname ______, with the person ______, and the marriage was registered in the marriage register kept for the birth area of ______, under the reference number______for the year ______. Therefore, the birth information, as well as the marriage registration information of the person ______were recorded in the birth register, and the marriage register which were regularly kept at the time of his birth i.e. marriage registration (church books), and pursuant to Article 88 of the Law on Registers of Births, Marriages and Deaths, the registers kept until 9/5/1946 as well as the birth/marriage certificates and certifications obtained from the registers have the probative force of the public documents.
58 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Also, with the insight into the marriage register where the marriage registration was recorded between ______and ______it was stated that the aforementioned persons entered into marriage in ______(year), or in other words only five years after the birth of ______. Having regard to the stated information, or judging by the evidence from the records concerning the case in question, it is undeniable that the surname ______was not registered or stated in either one of the documents of the person ______(birth/marriage registers). Aside from this, the registers represent the basic official records on the personal status of a citizen wherefrom all other official records are derived. In this sense, the fact that the birth register and the marriage register concerning the complainant contain the information on the name of her father - ______, which is factually incorrect in terms of the birth and marriage registers content concerning the person ______, it cannot be considered as significant for a different solution of the administrative issue in question. Having in mind all of the aforementioned facts, the indications from the complaint are also not grounded since they claim that in the case in question the first instance body was obliged to approve the request of the party for the reasons of expediency so as to enable her with an opportunity to protect and realise her rights and legal interests. This is so especially for the reason that the first instance body based on the properly and completely determined facts has appropriately decided that in terms of the factual state of affairs and based on this it has grounded its decision by an appropriate implementation of the regulations on the registers and pursuant to the provisions of the Law on General Administrative Proceedings. We are stressing that prior to passing the refuted decision the first instance body had dealt with the regulations and provisions of the procedure which might have affected the solution of the case, so that by application of the material regulations it took care of all the basic principles of the administrative procedure. Since the content of the solution is subject to an analysis by the second instance body regarding the complaint, the second instance body has realised that the decision includes such component which are prescribed by Articles 196-200 of the Law on General Administrative Proceedings and that there is no contradiction between the dispositive and the explanation of the decision. According to the presented information, and pursuant to Article 230 of the Law on General Administrative Proceedings the decision is in line with the dispositive.
INSTRUCTION ON THE LEGAL REMEDY: This decision is final concerning the administrative procedure, but an administrative dispute may be initiated against it by filing a lawsuit in front of the Administrative Court in Belgrade, within 30 days from the delivery of this decision.
Ministry of Public Administration and Local Self-Government No.: ______as of the year ______
______“
2) Decision of the Ministry passed in the second instance procedure is final and no complaints can be lodged against it, but an administrative dispute may be initiated against it by filing a lawsuit in front of the Administrative Court, within 30 days from the delivery of the decision. When the administrative dispute is filed against the decision, on request of the Administrative Court, a response of the Ministry to the lawsuit is prepared, the illustration of which shall be provided by the following example:
59 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 ‘’ADMINISTRATIVE COURT
BELGRADE PLAINTIFF: ______from ______
ACCUSED: Ministry of Public Administration and Local Self-Government, Belgrade, Birčaninova no. 6
Purpose: Annulment of the decision
By the Act no.: ______as of the year ______the Ministry of Public Administration and Local Self- Government, within the meaning of Article 30 of the Law on Administrative Disputes (‘’Official Gazette of RS’’ no. 111/09), has received the lawsuit by the person ______from ______, with the address ______no. __, who is represented by ______, an attorney from ______, with the address ______no. __, which was filed against the decision of the Ministry of Public Administration and Local Self-Government, no.: ______as of the year ______, for delivering all of the documents to the Administrative Court which are related to the subject of the administrative dispute and declaration on the complaints stated in the lawsuit. Within this meaning, the Ministry of Justice and Public Administration shall deliver within the provided deadline the following
RESPONSE TO THE LAWSUIT in two copies
Pursuant to Article 30 of the Law on Administrative Disputes (‘’Official Gazette of RS’’ no. 111/09), the lawsuit was considered which was filed by the person ______from ______, with the address ______no. ______, who is represented by ______, an attorney from ______, with the address ______no. ______, against the decision of the Ministry of Public Administration and Local Self-Government, no.: ______as of the year ______, for a declaration on the complaints stated in the decision thereof. Having regard to this, the second instance body shall consider all of the requests presented in the lawsuit as ungrounded, or that the procedure preceding the decision which is being the subject of the administrative dispute was properly realised, and based on the legal principles. Furthermore, the new facts and circumstances were not included in the lawsuit which significantly affect the status of the administrative dispute in question and which may be the reason for involvement of the second instance body within the meaning of Article 251 of the Law on General Administrative Proceedings (‘’Official Gazette of FRY’’ no. 33/97, 31/01 and ‘’Official Gazette of RS’’ no. 30/10). Aside from this, pursuant to Article 30 paragraph 3 of the Law on Administrative Disputes we also submit all of the documents related to the subject of the administrative dispute, as well as the evidence on the delivery of the decision of the Ministry of Public Administration and Local Self-Government, no.: ______as of the year ______, to the party. Having in mind the aforementioned reasons, the accused party shall propose to the Administrative Court to pass the verdict by which, within the meaning of Article 40 paragraph 2 of the Law on Administrative Disputes, the complaint shall be refuted as ungrounded.
Enclosure: - decision of the MPALSG no. ______as of the year ______- evidence on the delivery of the second instance decision - case documents of the first instance body ______“
3) Providing professional assistance to the bodies in terms of the first instance procedure and passing the first instance decisions.
60 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 4) Preparation of the draft decisions delivered to the Government regarding solving the conflict of jurisdictions of the public authorisation holder concerning realisation of the entrusted activities related to the registers.
The second group is composed of activities which include: 1) Preparation of the draft decision on defining the method оf restoring the destroyed or missing registers. Example:
‘’Pursuant to Article 23 paragraph 2 of the Law on Public Administration (‘’Official Gazette of RS’’ no. 79/05 and 101/07), Article 44 paragraph 2 of the Law on Registers of Births, Marriages and Deaths (‘’Official Gazette of RS’’ no. 20/09) and point 91 paragraph 2 of the Guide on keeping the registers and register forms (‘’Official Gazette of RS’’ no. 109/09, 4/10-corrig., 10/10 and 25/11), the Minister of Public Administration and Local Self-Government passes a
DECISION
Restoration of the destroyed and missing registers is ASSIGNED for the persons registered at the municipality of ______, birth area ______for the period from ____-____. Registers referred to in paragraph 1 of this Article are restored until the year______. The restoration procedure of the destroyed or missing registers referred to in paragraph 1 of this decision is implemented pursuant in line with this Law. The Board which shall enforce legitimacy, efficiency and cost-effectiveness of the restoration procedure of registers referred to in paragraph 1 of this decision is constituted with the following members: 2. ______, member; 3. ______, member.
Explanation
City Administration for General Affairs of the City of ______which pursuant to Article 6 of the Law on Registers of Births, Marriages and Deaths (‘’Official Gazette of RS’’ no. 20/09) performs the entrusted activities related to keeping the registers of the municipality of ______by the Act no: ______as of the year______has submitted the request for passing the decision referred to in Article 44 paragraph 2 of the Law on Registers of Births, Marriages and Deaths and the point 91 paragraph 2 of the Guide on keeping the registers and register forms (‘’Official Gazette of RS’’ no. 109/09, 4/10-corrig., 10/10 and 25/11), for restoring the destroyed or missing birth registers registered for the municipality of ______, birth area ______. In the request it is stated that the City Administration for General Affairs of the City of ______upon performing the entrusted activities related to keeping the registers of the municipality of ______has found that both of the birth register copies for the birth area of ______, of the municipality of______kept for the period from the year ___-____ are destroyed or missing. Having regard to the explained content of the City Administration for General Affairs of the City of ______request, аnd for the purpose of protecting and realising the rights of citizens for registration in birth/marriage /death registers being the subject of restoration, it has been found that there is a need and justified reasons for restoring the destroyed or missing registers and register forms, pursuant to Article 44 paragraph 2 of the Law on Registers of Births, Marriages and Deaths and point 2 of the Guide on keeping the registers and register forms as well as the procedure and deadline when the registers shall be restored, and the board to enforce legitimacy, efficiency and cost-effectiveness of the procedure of restoring the registers to be established.
61 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Based on the aforementioned, by applying Article 192 paragraph 1 of the Law on General Administrative Proceedings (‘’Official Gazette of FRY’’ no. 33/97 and 31/01 and ‘’Official Gazette of RS’’ no. 30/10), the decision is in line with the decision dispositive.
INSTRUCTION ON THE LEGAL REMEDY: This decision is final and a complaint cannot be filed against it, but an administrative dispute may be initiated against it by filing a lawsuit in front of the Administrative Court in Belgrade, within 30 days from the delivery of this decision. ______“
2) Providing opinion on the constitutionality and legitimacy of the general documents the public authorisation holders submit based on the Law regulating the field of registers. For the purpose of illustration, an example of an opinion on the draft decision on birth areas is provided: ‘’MUNICIPALITY ______MUNICIPAL ADMINISTRATION - for the Head of the Municipal Administration -
______
By the Act no.: ______as of the year ______the Draft Decision on the birth areas of the municipality of ______was submitted, for obtaining the opinion of the Ministry of Public Administration and Local Self-Government within the meaning of Article 8 paragraph 1 of the Law on Registers of Births, Marriages and Deaths (‘’Official Gazette of RS“, no. 20/09). Regarding the stated request the following opinion is provided:
OPINION
Within the meaning of Article 8 paragraph 1 of the Law on Registers of Births, Marriages and Deaths, birth area is determined by the decision of the Municipal, or City Assembly, or the City of Belgrade Assembly following the obtained opinion of the ministry competent for administrative affairs. Birth area is pursuant to paragraph 2 of the aforementioned Article of the Law in question, constituted of one or more settled places, which in line with the Law of Territorial Organisation of the Republic of Serbia (‘’Official Gazette of RS’’, no. 129/07), compose a specific unit of the local self-government. Furthermore, by Article 9 paragraph 2 of the Law on Registers of Births, Marriages and Deaths it is prescribed that the headquarters of a birth area is determined by the Municipal, or City Assembly, or the City of Belgrade Assembly in the decision on birth areas. The delivered Draft Decision on Birth Areas of the Municipality of ______is harmonised with the regulations defining this field of public administration, namely it is in line with the provisions of the Law on Registers of Births, Marriages and Deaths, Law on Public Administration and Law on Territorial Organisation of the Republic of Serbia.
______“
3) Preparation of the draft guide on organisation of activities and operation method of the public authorisation holder concerning the entrusted register activities. 4) Monitoring and defining the state of affairs regarding the registers and analysis, report and information preparation on the determined state of affairs concerning the registers in question and proposing the required measures. 62 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 5) Preparation of the opinion on implementation of the provisions of the Law and other general documents from the field of registers to be delivered on request of the natural or legal persons within 30 days from the delivery of the request. These opinions are not binding within the meaning of Article 39 of the Law on Public Administration. The third group of activities is composed of monitoring the implementation of the conflict rules and international treaties regarding the status issues, and these activities include: 1) Monitoring of international treaties implementation and directing work and assistance towards implementation of the treaties by the public authorisation holders in performing the entrusted activities related to the registers. 2) Providing professional assistance to the authorities in terms of implementation of the conflict rules in solving the legal conflicts with the regulations of other countries in terms of the status issues and competences regarding the international elements. 3) Realisation of cooperation with the ministry competent for foreign affairs and with diplomatic and consular representative offices of our country abroad. 4) Knowledge and definition of the foreign rights in terms of the status issues and legalisation of the documents in the international legal affairs. The aforementioned is illustrated by the following example:
‘’MINISTRY OF FOREIGN AFFAIRS - Department for consular affairs -
BELGRADE
In the enclosure of this document, the Act of the City of ______Assembly no.: ______as of the year ______is delivered, with accompanying copy of the birth certificate issued by a foreign authority for the person ______-year of birth ______from ______, and a copy of the marriage certificate for the persons ______and ______- year of marriage registration______in the Serbian Orthodox Church, in Vacol, Queesland, Australia, for the purpose of content introduction. Having regard to the enclosed marriage certificate for the persons: ______and ______, we ask for a notification on the content of the foreign legislation in terms of the question if the subject document represents a public document by the law of Australia which should prove the legitimacy of marriage registration of the aforementioned persons and whether the entrance into marriage of the persons in question in the Serbian Orthodox Church in Vacol, Queesland, was legal and made in a form determined by the regulations of the country being the place of marriage, and whether the civil and church marriage registration have the same legal power in the country which is being the place of marriage registration. Furthermore, having regard to the enclosed birth certificate for the person: ______, we ask for a notification if the document in question was issued by a competent foreign authority, and if it has a proven legal power of a birth certificate by the legislation of Australia. In case the aforementioned documents have the proven legal power by the legislation of Australia, and having regard that they were not certified by the ‘’Apostille’’ seal, we ask for a notification if the aforementioned documents are subject to the partial legalisation regime in accordance with the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents– the Hague, 5th October, 1961 (‘’Official Gazette of FPRY’’ – Annex, no. 10/62).
Enclosure: ______“
The fourth group is composed of administrative activities concerned with notification of foreign authorities on the changes regarding the personal status of their citizens, checking the credibility of the certificates and register certifications issued by the public authorisation holders 63 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 regarding realisation of the entrusted register activities, obtaining the register certificates based on the foreign authorities requests, ministry competent for foreign affairs and diplomatic and consular representative offices of our country abroad, forwarding the register certificates for registration of birth information to the public authorisation holders, marriage and death registration of our citizens, the occasions of which did not occur abroad. Example: ‘’THE CITY OF ______CITY ADMINISTRATION - Secretariat for administration - ______SUBJECT: ______and ______, marriage certificate
The Ministry of Foreign Affairs, by the Act no.: ______as of the year ______, has delivered a marriage certificate of the persons: ______and ______, for the purpose of marriage registration for the year – ______, in ______, the Republic of ______, to the appropriate official records maintained in the Republic of Serbia. In the enclosure of this document we attach, to further authority, the aforementioned marriage certificate. It is required that, pursuant to Articles 76-79 of the Law on Registers of Births, Marriages and Deaths (‘’Official Gazette of RS’’ no. 20/09), you realise the marriage information registration in the marriage register. If it is found that, pursuant to the aforementioned provisions of the Law on Registers of Births, Marriages and Deaths, the conditions for marriage information registration in the marriage register maintained by this Law are satisfied, but that the City Administration of the City of ______is not a local competent authority for acting upon this request, it is required that you forward the request in question to the competent authority and notify on this the Ministry. Furthermore, if pursuant to Articles 76-79 of the Law it is found that the conditions for marriage information registration in the marriage register are not satisfied (the bride is not a citizen of the Republic of Serbia), it is necessary to act in the manner prescribed by the item 43 paragraphs 3 and 4 of the Guide on keeping the registers and register forms (‘’Official Gazette of RS’’ no. 109/09, 4/10- Corrigendum, 10/10 and 25/11) and file the note on the marriage registration in the birth register for the bride.
Enclosure: ______“
The fifth group is composed of the activities concerned with the professional development of the registrars; implementation and monitoring of the regulations related to the field of professional development of the registrars and enforcement of the determined activities related to the professional development of the registrars, issuing the authorisations for performing the activities of registrars, or registrar deputies and keeping the records on the issued authorisations, as well as the organisation and taking special professional examination for registrars prescribed by the Rulebook on the Programme and Manner of Taking a Special Professional Examination for Registrars. All additional information related to the special professional examination for registrars are available on the web site of the Ministry http://www. mduls .gov.rs. As an illustration of some of the activities performed within this group, an example of a decision by which taking a special professional examination for registrars is provided:
‘’The Ministry of Public Administration and Local Self-Government, pursuant to Article 13 paragraph 1 of the Rulebook on the Programme and Manner of Taking a Special Professional Examination
64 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 for Registrars (‘’Official Gazette of RS’’ no. 101/09), by deciding on the request of the person ______, ______, for taking a special professional examination for registrars, by authorisation of the Minister of Public Administration and Local Self-Government no.: ______as of ______, passes a
DECISION
It is APPROVED that the person ______, ______, may take the special professional examination for registrars.
Explanation
The person ______, ______, has submitted the request for taking the special professional examination for registrars. Along with the request, pursuant to Article 10 paragraph 2 of the Rulebook on the Programme and Manner of Taking a Special Professional Examination for Registrars (‘’Official Gazette of RS’’ no. 101/09) the required public documents have been submitted, by which the conditions for taking the special professional examination for registrars, prescribed by Article 2 of the Rulebook, are satisfied. Based on the aforementioned facts, by implementing Article 192 paragraph 1 of the Law on General Public Proceedings (‘’Official Gazette of RS’’ no. 33/97 and 31/01 and ‘’Official Gazette of RS’’ no. 30/10), the decision is in line with the decision dispositive.
INSTRUCTION ON THE LEGAL REMEDY: This decision is final and a complaint cannot be filed against it, but an administrative dispute may be initiated against it by filing a lawsuit in front of the Administrative Court in Belgrade, within 30 days from the delivery of this decision.
______“
The sixth group is composed of the activities concerned with keeping the second copy of the registers in the Central System for Electronic Processing and Data Storing and Keeping the Second Copy of the Registers.
***
In the Sector for Local Self-Government the performed activities are related to the following: the system of local self-government and territorial autonomy; territorial organisation of the Republic; elections for the local self-government authorities; surveillance over the labour and documents lawfulness of the local self-government units; professional development of the staff employed in the local self-government unit authorities and other activities related to strengthening and improvement of the local self-government units capacities; cooperation of the local self-government units with the local self-government units of other countries; enforcing the professional development procedure for performing communal policy activities; incentives and coordination of the local self-government units cooperation, local self-governments and relevant public authorities for the development of the local self-government, participation in preparing the Decentralisation Strategy of the Republic of Serbia in accordance with the European standards and experience of the developed European countries, as well as with the need to continue with 65 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 the process of democratisation of Serbia through its decentralisation; monitoring and assessing the experiences of other countries in the process of decentralisation; monitoring and assessing the legislation of the Republic of Serbia relevant for decentralisation and other activities from the purview of the Sector.
Activities of the Sector for Local Self-Government are performed pursuant to Article 78 paragraph 2 of the Law on Local Self-Government (‘’Official Gazette of RS’’ no. 129/07, 83/14) by which it is stipulated that the authorities of the Republic and territorial autonomy shall perform surveillance over the labour and documents lawfulness of the local self-government units, in accordance with the Constitution and the Law, as well as pursuant to Article 80 of this Law by which it is prescribed that, in performing their authorisations, the authorities of the Republic and territorial autonomy shall: 1) notify the authorities and local self-government units services, based on their own initiative or on their request, on the measures taken or intended to be taken in terms of implementing the law and other regulations, on constitutionality and legality protection, occurrences impeding them and on the measures for their elimination, on the realisation of the local self-government citizen rights, as well as on other issues of immediate relevance for realisation of the system of the local self-government and for the operation of the local self- government units authorities; 2) provide professional assistance to the authorities and local self-government units services related to performing their activities, especially in terms of introducing the information system and computerisation of activities performed by the authorities and local self-government units services; 3) require reports, information and notification on the performance of the activities from the scope of rights and liabilities of the local self-government unit, as well as on other relevant issues for realisation of the role and operation of the Republic and territorial autonomy authorities related to the local self-government. The deadline for response by request is determined by Article 208 of the Law on General Administrative Proceedings (‘’Official Gazette of FRY’’ no. 33/97, 31 as of 27/01, ‘’Official Gazette of RS’’ no. 30/10.) by which the following is prescribed:
(1) When the procedure is initiated regarding the request of the party, or ex officio if this for the best interest of the party, and prior to passing the decision it is not required to carry out a special examination procedure, nor are there other reasons due to which the decision cannot be passed without a delay (deciding on the previous issue, etc.), the authority shall be obliged to pass a decision and deliver it to the party as soon as possible, and not later than within a month from the day of submitting an orderly request, or from the day of filing the procedure ex officio, unless a shorter deadline is prescribed by a special law. In other cases, when the procedure is initiated with regard to the request of the party, or ex officio, in case this is for the best interest of the party, the authority shall be obliged to pass a decision and deliver it to the party not later than within two months, unless a shorter deadline is prescribed by a special law. (2) In case the authority against whose decision a complaint is permitted does not pass a decision and does not deliver it to the party within a prescribed period, the party shall have the right to file a complaint as in the event of the denial of its request. In case the complaint is not permitted, the party may directly initiate the administrative dispute. The most frequent questions regarding the activities of the Department of Analytical Tasks, Surveillance, Monitoring, Organisation and Promotion of the Local Self- Government System: 66 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 1) opinions on implementation of the Law on Local Self-Government – whether a candidate for a Municipal Board member must also be an assembly member (the matter of election of assembly members for members of the Municipal Board is strictly regulated by the Law on Self-Government, and only regarding the situation when the same persons are the local self-government unit assembly members and also the members of the Municipal Board. Article 45 paragraph 7 of this Law excludes this option, and paragraph 8 of the same Article prescribes that an assembly member shall be denied the assembly member term in such a situation. This means that a candidate for a member of the Municipal Board is not required to be a City Assembly member); when the assembly members term expires of the assembly members who were elected for the Mayor and his Deputy (election for the Mayor and his Deputy is the only reason for termination of the assembly member term within the meaning of Article 43 paragraph 5 of the Law, so that the Assembly is required to determine the termination of the term to the assembly members without any delay); whether upon appointing the Municipal Secretary it must be taken care that the person in question shall have a passed professional examination for work in the public administration bodies (Law on Local Self-Government exhaustively mentions the conditions which shall be satisfied by the person if he/she wants to be appointed for the position of the Municipal Secretary, meaning that the requirement in question shall also be realised), etc.
For the purpose of illustration of this department, the following examples are provided:
‘’Having regard to your address to the Ministry...... by the request for providing an opinion whether a person employed as an officer in the Ministry of the Interior (Department of Emergiences) may also a member of the local self-goverment unit, we provide the following information: By the provision of Article 30 paragraph 1 of the Law on Local Self-Government (‘’Official Gazette of RS”, no. 129/07) it is prescribed that an assembly member may not be employed with the municipal administration and also appointed, or delegated by the municipal assembly. Likewise, the issue of incompatibility of functions of the assembly members is regulated by the provision of Article 43 paragraph 5 of this Law, in the way that it is prescribed that the term of the municipal assembly member being elected for the assembly member and Mayor Deputy is terminated, by his election to these functions. Aside from the aforementioned, it should be stressed that, by the provision of Article 46 paragraph 1 point 5) of the Law on Local Elections (‘’Official Gazette of RS’’ no. 129/07, 34/10 and 54/11) it is prescribed that the term of the municipal assembly member is terminated before expiry of the period to which he/she is elected by his admission to the job position, or the term of his functions which are, pursuant to the law, incompatible with the status of an assembly member. Having regard to this, it is considered that the provisions of the Law on Local Self- Government, as well as the provisions of the Law on Local Elections, which are related to the incompatibility of the status of an assembly member, do not exclude a possibility that the staff employed in the Ministry of the Interior (Sector for Emergencies) may also concurrently be municipal assembly members.’’ * * *
‘’ With regard to your address to the Ministry...... by the request for opinion issuance on the application of Article 48 paragraph 3 of the Law on Local Elections (‘’Official Gazette of RS’’ no. 129/07, 34/10, 54/11), and referring to the Mayor Assistant, we stress the following:
67 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 By the provision of Article 48 paragraph 3 of the Law on Local Elections (‘’Official Gazette of RS’’ no. 129/07, 34/10, 54/11) it is prescribed that the term of a candidate to whom the assembly member term was delegated, and whose term is terminated due to his taking over of the function of the Municipal President or the Mayor, or Deputy Municipal President or Deputy Mayor, shall be delegated in the same session of the local self-government unit Assembly under the following conditions: - the function of the Municipal President or Mayor, or the Deputy Municipal President or Deputy Mayor of the candidate is terminated; - there is an open assembly member position belonging to the same electoral roll; and - the candidate has submitted the request for delegating the assembly member term to the electoral commission of the local self-government. With regard to this, it should be taken into consideration that the very existence of the assembly member term, within the meaning of Article 43 paragraph 1 of the Law on Local Self-Government (‘’Official Gazette of RS’’, no. 129/07) represents a condition for election to one of these functions. Thus, the termination of an assembly member terms elected for the Municipal President and Deputy Municipal President, pursuant to paragraph 5 of the aforementioned Article, may not be taken as even compared to other cases of taking the term to the incompatible functions. The Municipal President Assistant has the status of an appointed person (Article 58 paragraph 1 of the Law), and the appointed persons, including the Municipal President Assistants appointed for positions in the municipal administration, start their employment based on the acts on appointment. Likewise, an assembly member may not be appointed to work in the municipal administration, so that in the event that the employed person is elected for an assembly member, his rights and liabilities at halt for the duration of his assembly member term (Article 30 paragraphs 1 and 2 of this Law). Having regard to the aforementioned facts, as well as to the fact that the existence of the assembly member term is not a condition for appointment to this function, it is considered that the assembly member term may not be returned to the Municipal President Assistant after the termination of his function.’’
* * * ‘’For the Complainant Complainant’s address
You have addressed the Ministry of...... with a complaint related to the work of the Municipal Board of...... as well as to the issue of water supply in the municipality in question. With regard to this, we hereby inform you on the following: By the Law on Local Self-Government (‘’Official Gazette of RS’’, no. 129/07), in Article 20 item 5) it is prescribed that the municipality, through its bodies, in accordance with the Constitution and Law shall regulate and provide performance and development of communal operation, whereupon, inter alia, the water treatment and supply, as well as organisational, material and other conditions for their achievement are also stated. Furthermore, Article 47 paragraph 2 of this Law, prescribes that the Municipal President is responsible for the lawfulness of the Municipal Board operation. With regard to the aforementioned, the Ministry has forwarded your complaint to the Municipal President...... and asked for a declaration related to the indications stated in the complaint, pursuant to Article 80 item3) of this Law, stressing that the Municipal President should directly inform you on the taken measures and activities from his/her jurisdiction.“
68 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 * * * ‘ ’ The Ministry of Justice and Public Administration has delivered to the Ministry of ...... in the enclosure of its Act no.: .... as of the year ...... , your request for obtaining an opinion on the issues related to the labour and legal status of the Municipal Public Defender. Regarding the content of the aforementioned request, we hereby inform you on the following: By the Law on Local Self-Government (‘’Official Gazette of RS’’, no. 129/07) it is prescribed that the municipality, inter alia, through its bodies, and pursuant to the Constitution, shall organise the legal protection activities performance of its rights and interests (Article 20 point 27). By the Act on Public Defender’s Office (‘’Official Gazette of RS’’, no. 43/91) in Article 1, it is prescribed that the legal protection activities of the property rights and interests of the Republic of Serbia, autonomous province, city and municipality are performed by Public Defender’s Office, unless otherwise stipulated by the decision of the autonomous province, city or municipality. With regard to this, the municipality shall decide on the way in which the legal protection activities regarding its rights and interests shall be organised, whether these shall performed by a specially organised service of the Municipal Public Defender’s Office managed by the Municipal Public Defender or whether these activities shall be systematised within the municipal administration. The Municipal Public Defender’s Office is appointed and dismissed by the Municipal Assembly, in the manner stipulated by the general municipal acts, so therefore the Municipal Assembly is responsible for its own work and the work of the Public Defender’s Office. Municipal Public Defender may be assigned with a deputy who shall take any action required for the proceedings before the Court of Law and other state authorities for which he is authorised, and he is also appointed and dismissed by the Municipal Assembly. By the Law on Local Self-Government (‘’Official Gazette of RS’’, no. 9/02, 33/04, 135/04) which was in force at the time of passing the Decision on Appointing the Municipal Public Defender for the Municipality of ...... , referred to by the Head of the Municipal Administration while passing the aforementioned decision, it is stipulated that the heads of the organisational administrative units (or regarding the administration of certain fields of interest) are appointed by the Head, concurrently meaning that the activities of the Municipal Public Defender for the Municipality of ...... are systematised within the Municipal Administration. From the content of your complaint it cannot be deciphered if the specified case is related to the repeated appointment of the referred person for the position of the Municipal Public Defender, having regard that the term of the job position to which he was appointed has expired, in which case it should be acted in accordance with the acting legal regulations and general acts regulating the issue in question. * * *
‘ ’ Municipal Assembly members...... , ...... and ...... have delivered to the Ministry of ...... an initiative for constituting a transitional authority in the Municipality of ...... , having regard to the fact that, based on the statements in their act, the Assembly was not constituted pursuant to the Law following the realised elections, within two months from announcing the election results, since the Assembly Secretary was not appointed. The complaint with the same content was delivered to the Ministry and ...., by the President of the MB...... of the party Ražanj. For the purpose of a comprehensive information related to the content of the stated acts, and pursuant to the provision of Article 78 and Article 80 point 3) of the Law on Local Self- Government (‘’Official Gazette of RS’’, no. 129/07), the Ministry has asked from the President of 69 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 the Assembly to deliver a report on the presented complaints of the initiative applicant, a certified record from the constitutive session of the Assembly as of the year....., the Statute of the Municipality of....., Rules of Procedure of the Municipal Assembly...., as well as all other documentation which might be of relevance for the case in question. The following is derived from the entire delivered documentation, as well as from the information available to this Ministry: the constitutive session of the Municipal Assembly of.... was held in...... (year), when the terms of the Municipal Assembly members elected on 6th May, 2012 were affirmed, Rules of Procedure of the Municipal Assembly of....were adopted, and the elected President of the Assembly and Deputy President of the Assembly were also elected; on the same session the Municipal President, Deputy Municipal President, Municipal Board, as well as the working bodies of the Assembly (Commission) were elected; on this session the Assembly Secretary was not appointed, but instead this was done on the following session held on...... in 2012, when the person...... was dismissed from his/her duties of the Assembly Secretary, and the person...... was appointed as the Assembly Secretary. With regard to this, we are stressing that by the provision of Article 28 paragraph 3 of the Law on Local Self-Government the required parliamentary minimum is defined so that it could be considered that the Assembly was constituted and operative, and the minimum in question is represented by the election of the President of the Assembly and appointment of the Assembly Secretary. As a matter of fact, it can be stated that by this the parliamentary majority is affirmed as well as that this highest authority of the local self-government may perform the activities from its jurisdiction. However, the constitutive process is not completed by this, since for providing an undisturbed operation of the Assembly, it is required to elect the Deputy President of the Assembly, as well as the members of the working bodies of the Assembly as stipulated by the Statute. In the case in question, the Municipal Assembly Secretary ...., ...... , based on the data available to this Ministry, was appointed as the Assembly Secretary in the session held on 2nd September, 2010, meaning that, legally, the term of this person is still ongoing. Namely, pursuant to the provision of Article 40 paragraph 2 of this Law, the Assembly Secretary is appointed, on the proposal of the President of the Assembly, every four years and he/she may be reappointed. Pursuant to paragraph 4 of the aforementioned Article, the Municipal assembly may, on the request of the President of the Assembly, dismiss the Secretary from duty even prior to the expiry of his/her term of office. Such provisions are also included in Article 52 paragraphs 2 and 4 of the Statute of the Municipality of...... What derives from the aforementioned facts is that the term of office of the Assembly Secretary did not expire at the time of the constituting or that he/she was dismissed form duty to which he/she was appointed. Having regard to the aforementioned facts and circumstances related to the case in question, we consider that the conditions referred to in Article 87 paragraph 1 of the Law on Local Self-Government related to appointing the transitional authority in the Municipality of ...... , are not met.“
Aside from the aforementioned, the opinions related to implementation of the Law on Local Elections (‘’Official Gazette of RS’’, no. 129/07, 34/10, 54/11), Law on Territorial Organisation of the Republic of Serbia (‘’Official Gazette of RS’’, no. 129/07), Law on the Capital City (‘’Official Gazette of RS’’, no. 129/07) and Law on Communal Police (‘’Official Gazette of RS’’, no. 51/09) are also issued, on request of natural and legal persons, as well as the authorities and local self-government units services. In the Department of Analytical Tasks, Surveillance, Monitoring, Organisation and Promotion of the Local Self-Government System managed by the Head of the 70 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Department with the rank of a Senior Advisor, based on the Rules of Procedure, activities related to the following are performed: the system of local self-government and territorial autonomy; elections for local self-government authorities; issuing consent in accordance with the Law; issuing opinion on the laws and other regulations whose proponents are other public administration authorities; monitoring the implementation of the regulations and opinion preparation from the purview of the Department; surveillance over the lawfulness of the acts and operation of the local self-government units; territorial organisation of the Republic; information preparation in the field of territorial organisation of the Republic; monitoring and assessing cooperation among the local self-government units, local self-government units and state authorities of interest for the development of the local self-government; keeping records of the realised cooperation of the local self-government units and the local self-government units of other countries; enforcing the professional development procedure related to the professional licence examination for communal officers as well as keeping the register of communal officers who finished their professional development; monitoring the state, analysis and reporting as well as other activities in the purview of the Department. ***
Activities related to the Sector for Normative Affairs : 1) Opinions on laws, bylaws and other acts referred by other authorities:
We have considered the Draft Strategy...... (hereinafter: Draft Strategy) you have submitted, for the purpose of obtaining an opinion, in the enclosure of the Act no.: .....as of the year ...... 2014, and from the purview of the Ministry of Public Administration and Local Self- Government, we inform you on the following. In the text of the National Strategy in the section 6.2. Development of the Institutional Framework in paragraph 7 it is stated that, among others, professional associations are relevant for the development of the energy sector of the Republic of Serbia. Having regard that by the Law on Associations (‘’Official Gazette of RS’’, no. 51/09 and 99/11 – and other laws) the prescribed term is ‘association’, and having in mind that the Law in question does not recognise the term ‘professional associations’ it is required to perform a terminological harmonisation with the Law in question. By the provisions of Articles 16 and 20 of the Law on territorial Organisation of the Republic of Serbia (‘’Official Gazette of RS’’, no. 129/07) the number and names of the municipalities in the Republic are determined. Regarding this, we are indicating that Bor has a municipality status, and not that of a city, whereas Obrenovac and Lazarevac are the city municipalities being a part of the City of Belgrade, pursuant to the Statute of the City of Belgrade (‘’Official Gazette of the City of Belgrade’’, no. 39/08, 6/10, 23/11) - page 39 of the Draft). Likewise, we are stressing that Svilajnac has a municipality status, and not that of a city (page 40 of the Draft). Having regard to the presented facts, it is required that the text of the Draft Strategy should be harmonised with the Law in question. Concurrently, we are stressing that consistent terminology should be used in the text when talking about the local self-government units, since there is also the use of the term ‘local self-government’ in the text when referring to the local self-government units (the term stipulated by the law).
71 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 We have considered the Draft Law...... (hereinafter: Draft Law) you have submitted, for the purpose of obtaining an opinion, in the enclosure of the Act no.: .....as of the year ...... 2014, and from and from the purview of the Ministry of Public Administration and Local Self-Government, we inform you on the following. By the Law on Associations (‘’Official Gazette of RS’’, no. 51/09 and 99/11 – and other laws) as a regulation systematically regulating the constitutional freedom of associating it is prescribed that the freedom of associating shall be realised by establishing an association, so that with regard to this, we consider Article 1 point 15) of the Draft to be in line with the Law in the case of volunteer fire-fighters associations as non-profitable organisations established for realisation and promotion of the common goal seen in fire protection. With regard to the aforementioned facts, we consider that in Article 3 paragraph 1 point 6) it is required to make terminological harmonisation with the Law on Associations, so that the words ‘groups of citizens’ would be deleted. By Article 3 of the Law on Local Self-Government (‘’Official Gazette of RS’’, no. 129/07) it is prescribed that the local self-government is realised in the municipality, city and the City of Belgrade (hereinafter: local self-government unit). With regard to the aforementioned facts, it is required to make harmonisation of Article 3 paragraph 1 point 3) of the Draft Law with the current legal framework so that after the word:’authorities’ and the words:’on the level’ the word: ‘unit’ should be added. By Article 23 of the Draft Law above Article 44а and Article 44а of the Law on Fire Protection the heading is added by which passing the technical regulations is prescribed, and also that the Minister shall pass the technical regulations by which the safety and fire protection are regulated. Regarding that by Article 23 of the Law on Public Administration (‘’Official Gazette of RS’’, no. 79/05, 101/07 and 95/10) it is prescribed that the Minister, inter alia, shall pass the regulations, it is required that Article 23 of the Draft Law should be harmonised with the Law in question, so that the word: ‘technical’ should be deleted. Furthermore, it is required that article 29 paragraph 1 by which it is prescribed that in the ‘budget of the province’ the funds for operation and activities of the volunteer fire-fighters association are provided, should be harmonised with the Constitutional decisions regulating the provincial autonomy in the way that the word: ‘autonomous’ shall be added, i.e. ‘budget of the autonomous province’. 2) Opinion on implementation of the laws from the purview of the Ministry of Public Administration and Local Self-Government
Regarding the request no. ...as of..... 2014, by which you have asked for an opinion related to the obligation of the employed persons at the Geological Institute of Serbia to take state licence examination provided that they have already passed the professional examination, from the purview of the Ministry of Public Administration and Local Self-Government we inform you on the following. By the Law on Public Administration (‘’Official Gazette of RS’’, no. 79/05, 101/07 and 95/10) it is prescribed that a civil servant may work on the public administration activities provided that he/she has already passed the state licence examination, in accordance with the law regulating the civil servant status (Article 84 paragraph 1); persons who have passed the Bar Examination are relieved of the obligation of taking the licence examination, as well as the persons who have passed the professional examination for work in other authorities provided that the programme of that examination matches the programme of the professional examination of the persons employed in the public administration (Article 89 paragraph 2). By the Law on Civil servants (‘’Official Gazette of RS’’, no. 79/05, 81/05 – Corrig., 83/05 – 72 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Corrig., 64/07, 67/07 – Corrig., 116/08 and 104/09) it is prescribed that: a civil servant with permanent employment is obliged to have passed the state licence examination (Article 100 paragraph 1); the Government shall by a regulation in detail regulate the programme and manner of taking the state licence examination for all state authorities (Article 100 paragraph 2); the law may prescribe a special professional examination to be taken instead of the state licence examination, for the purpose of employment on the job positions with specific duties and authorisations (Article 101 paragraph 2). By the Regulation on the Programme and Method of Taking the State Licence Examination (‘’Official Gazette of RS’’, no. 16/09) it is prescribed that the state professional examination is obliged to be taken by a civil servant who has obtained a permanent employment, unless he/she has already passed the state licence examination, or other appropriate examination in accordance with the Law or is on probation or internship in at the body referred to in Article 1 of this Regulation (Article 3). By the Law on Mining and Geological Explorations (‘’Official Gazette of RS’’, no. 88/11) it is prescribed that the authorisation for performing the activities referred to in Article 22 paragraphs 1 and 2 of this Law, is obtained by passing the licence examination (Article 23 paragraph 1); that the Minister competent for mining activities and geological explorations shall prescribe more specific conditions, programmes and method of taking the licence examination referred to in paragraph 1 of this Article (Article 23 paragraph 3); that authorisation for performing the technical management activities, expert surveillance, designing and other professional activities stipulated by this Law, are obtained by passing the licence examination (Article 103 paragraph 1); that the Minister competent for mining activities and geological explorations shall prescribe more specific conditions, programmes and method of taking the licence examination referred to in paragraph 1 of this Article (Article 103 paragraph 4). Geological Institute of Serbia is a special public administration organisation, with the status of a legal entity, constituted pursuant to Article 2 of the Law on Mining and Geological Explorations. Having regard that the Institute performs activities from the purview of the public administration authorities, the persons employed at the Geological Institute of Serbia enjoy the status of civil servants and general service employees, pursuant to the provisions of the Law on Civil Servants. As the Law on Mining and Geological Explorations, as a special law based on which the Geological Institute of Serbia was founded, does not define possibilities for taking a specialised professional examination may be passed instead of the state licence examination, the aforementioned persons, employed in the job positions for which there is a legal requirement that a licence examination is passed in order to work on such positions, it is required that they take the examination in question. This is a professional exam by which a person who has passed it obtains the right to work on specific types of assignments. Having regard to the aforementioned facts, the licence examination taken by the employed persons at the Geological Institute of Serbia is not an examination required for work in the public administration bodies, or does it represent a specialised professional examination within the meaning of the Law on Public Administration, therefore, the conditions for implementing the provision of Article 89 paragraph 2 of the Law on Public Administration have not been met.
Regarding your act from 2014 by which you have asked for an opinion concerning the finality and validity of the Decision of the Federal Agency for International Relations and Cooperation with Foreign Countries in the field of policy, economy, trade, education and culture, from the purview of the Ministry of Public Administration and Local Self-Government, we inform you on the following. 73 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 By Article 13 of the Law on General Administrative Proceedings the principle of decision validity is prescribed – a decision against which no complaint can be lodged or an administrative procedure initiated (court order), and by which a party obtains certain rights, or by which certain obligations are assigned to the party and which may be deleted, cancelled or amended only in the cases stipulated by the Law. From the stated facts it can be deduced that a formal validity in an administrative procedure is obtained by the decision against which no complaint can be lodged or an administrative procedure initiated, or the decision against which the complaint, or the administrative procedure were initiated in vain. Material validity is obtained by the decision which became formally valid (against which no complaint can be lodged or an administrative procedure initiated) and by which a person has obtained certain rights, or by which certain obligations are assigned to the party, so that the material validity may not be obtained by any formally valid decisions. Namely, the final decision shall be the decision against which there is no regular legal remedy in the procedure. Having regard that we are dealing with the implementation of the Law on General Public Proceedings in the procedure by which lawfulness of a foreign document is confirmed for the use in the Federal Republic of Yugoslavia in the case in question, the Ministry of Public Administration and Local Self-Government is not competent for issuing declarations on the specific acts related to other competent authorities.
***
SUBMITTING A REQUEST FOR ACCESS TO INFORMATION OF PUBLIC IMPORTANCE
Request for realisation of right to information access may be submitted in the following ways: in a written form to the address: Ministry of Public Administration and Local Self- Government, Birčaninova no. 6, 11000 Belgrade by directly submitting the request to the clerk office of the Ministry of Public Administration and Local Self-Government, Belgrade, Birčaninova no. 6.
All requests for information access which are addressed to the authorised person, and which have been sent to the clerk office of the Ministry of Public Administration and Local Self- Government via post or which have been submitted to the clerk office, are delivered to the authorised person.
11. OVERVIEW OF DATA ON PROVIDED SERVICES
In the Sector for Local Self-Government the total of 224 cases has been proceeded. Out of the total number of cases, 73 opinions have been issued as well as expert explanations related to implementation of the Law on Local Self-Government, Law on Local Elections, Law on Territorial Organisation of the Republic of Serbia, Law on Communal Police and Law on Labour Relations in State Bodies, as well as the Special Collective Agreement for the State Bodies, i.e. the Annex to the Collective Agreement in question; it has been acted on 95 complaints and claims on the work of municipal and other authorities; 10 consents have been issued on the 74 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 provisions of the Statute of the local self-government defining the holidays and deciding on the names of the streets, squares, city districts, suburb settlements and other settled places; 15 Proposals for the decision on achieving cooperation, or concluding agreements on cooperation with the local self-government units of other countries have been prepared; responses to three assembly members’ questions have been provided and 32 opinions on the proposals and draft regulations prepared by other proponents have been issued. Aside from the aforementioned, 475 requests of local self-government units have been analysed related to issuing consent on new employment and additional work engagement. Proposal of the decision on the dissolution of the Assembly of Majdanpek and establishing a Transitional authority of the Municipality of Majdanpek has been prepared, as well as the Proposal of the Decision on appointing the President and members of the Transitional authority of the Municipality of Majdanpek, passed by the Government on the session held on 29th May, 2014. At the same time, the Conclusion Proposal was also prepared by which the following was adopted: Draft Amendment no. 3 of the Agreement between the Swiss Agency for Development and Cooperation, represented by the Swiss Cooperation Office Serbia, Standing Conferences of Cities and Municipalities of the Republic of Serbia, as well as the Draft Amendment no. 1 of the Agreement between the Swiss State Secretariat for Economic Affairs, represented by the Swiss Cooperation Office Serbia and Standing Conferences of Cities and Municipalities of the Republic of Serbia.
75 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 12. DATA ON REVENUES AND EXPENDITURES
Approved for Realised for Approved for Realised for Ministry of Public Administration expenditure expenditure expenditure for the expenditure for the and Local Self-Government -Part 60 for the year for the year period 26/4/2014- period 26/4/2014- 2013 2013 31/12/2014 30/9/2014 1 2 3 4 5 6 Salaries, bonuses and 411000 compensations for 134,709,119 56,298,366 employees
Social contribution at 412000 the expense of the 24,769,446 10,086,606 employer Compensation in 413000 744,364 0 kind
Social giving to 414000 80,842,773 78,728,876 employees
Cost compensation 415000 8,150,363 1,731,056 for employees
Awards for 416000 employees and other 162,952 0 special giving 421000 Fixed costs 9,731,919 882,841
422000 Travel costs 11,376,347 869,918
423000 Services by contract 143,955,224 17,778,583
424000 Specialised services 58,240 18,000
Current repairs and 425000 4,689,584 77,634 maintenance 426000 Material 8,632,241 695,160
Subsidies to public non-financial 451000 226,000,000 124,020,000 companies and organisations
Transfers to other 463000 552,880 5,790 levels of power
Other grants and 465000 1,000 0 transfers Grants to non- 481000 governmental 303,000 0 organisations
Taxes, obligatory 482000 831,249 27,075 taxes and penalties
Financial fees and 483000 penalties by the court 0 0 decision Machines and 512000 16,000,000 364,134 equipment
76 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Approved for Realised for Approved for Realised for Budget fund for national minorities expenditure expenditure expenditure for the expenditure for the - Chapter 60.02 for the year for the year period 26/4/2014- period 26/4/2014- 2013 2013 31/12/2014 30/9/2014 1 2 3 4 5 6 Grants to non- 481000 governmental 10,631,000 0 10,631,000 0 organisations
Budget fund for the programme of Approved for Realised for Approved for Realised for local self-government -Chapter expenditure expenditure expenditure for the expenditure for the 60.03 for the year for the year period 26/4/2014- period 26/4/2014- 2013 2013 31/12/2014 30/9/2014 1 2 3 4 5 6
Transfer to other 463000 1,800,000 0 1,800,000 0 levels of power
77 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 COMPARATIVE REVIEW of the approved and spent BUDGET ASSETS for the period 26th April – 30th September 2014 - source 01
Function 110 Function 111 project 0001 Function 111 project 0002 Function 111 project 0003 Function 111 project 0004 Function 111 project 0005 Function 411 TOTAL
PART 60 spent until current spent until current spent until current spent until current spent until current spent until current spent until current spent until current costs 30/9/2014 costs 30/9/2014 costs 30/9/2014 costs 30/9/2014 costs 30/9/2014 costs 30/9/2014 costs 30/9/2014 costs 30/9/2014 Salaries and bonuses 30,674,100 6,863,791 52,740,715 21,416,914 31,247,224 13,192,484 20,047,080 14,825,176 134,709,119 56,298,366 Social contributions at the expense of the employer 5,509,091 1,228,619 8,969,390 3,842,826 5,790,965 2,361,455 4,500,000 2,653,707 24,769,446 10,086,606 Compensation in kind 204,000 0 80,364 0 200,000 0 260,000 0 744,364 0 Social giving to employees 156,540 289,859 1,277,750 985,975 76,887,279 76,878,599 2,300,000 251,001 221,204 334,442 80,842,773 78,728,876 Compensation for employees 1,302,724 215,226 1,485,971 685,249 861,668 280,227 4,500,000 550,353 8,150,363 1,731,056 Awards to employees 150,556 0 11,396 0 1,000 0 162,952 0 Fixed costs 2,052,233 0 2,621,086 306,719 964,485 166,227 4,094,115 409,895 9,731,919 882,841 Travel costs 2,016,627 127,686 5,989,574 274,123 1,558,950 239,482 1,811,196 228,627 11,376,347 869,918 Services by contract 16,529,110 0 8,528,771 790,510 17,799,269 7,190,338 84,599,004 8,748,000 299,070 23,650 16,200,000 1,026,085 143,955,224 17,778,583 Specialised services 58,240 18,000 58,240 18,000 Current repairs (cars and equipment) 212,000 0 1,908,416 58,998 269,168 9,436 2,300,000 9,200 4,689,584 77,634 Material 575,408 0 3,766,090 530,944 300,000 0 1,909,518 71,836 2,081,225 92,380 8,632,241 695,160 Subsidies for public non-financial companies 226,000,000 124,020,000 226,000,000 124,020,000 Grants for international organisations - membership fees 552,880 5,790 552,880 5,790 Transfers to other levels of power 1,000 0 1,000 0 Grants to non- governmental organisations 303,000 0 303,000 0 Taxes and obligatory taxes and penalties 48,000 0 150,387 4,434 185,275 22,641 447,587 0 831,249 27,075 Financial fees and penalties by the court decision 0 0 Machines and equipment 3,000,000 328,538 6,000,000 0 4,000,000 30,000 3,000,000 5,596 16,000,000 364,134 TOTAL 59,279,833 8,725,181 317,222,950 153,251,020 76,887,279 76,878,599 18,099,269 7,190,338 90,599,004 8,748,000 49,597,719 16,648,439 59,824,647 20,142,462 671,510,701 291,584,039
78 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Function 160 Function 180 Budget fund for national minorities- Budget fund for the programme of local Chapter 60.02 current spent until self-government - Chapter 60.03 current spent until costs 30/9/2014 costs 30/9/2014
Grants for non-governmental 1,800,000 0 Transfers to other levels of power 10,631,000 0 organisations TOTAL 1,800,000 0 TOTAL 10,631,000 0
13. DATA ON PUBLIC PROCUREMENTS
Procurement plan for the year 2014. The document can be found in the following link, access to the link is achieved by clicking on ок - open. https://dl.dropboxusercontent.com/u/382795/!!!%20MRRLS/Plan%20nabavki%202014%20mduls.xls
Quarterly Report for the period April - June 2014 – FORM B Data on the contracts in the procedure of public procurement of low value estimated value agreed value estimated value agreed value agreed value with type of the without VAT without VAT VAT included object expressed in expressed in expressed in thousands thousands of RSD thousands of RSD of RSD services 6250 5840 6128
Quarterly Report for the period April - June 2014 – FORM D Data on the procurements on which the Law is applied estimated value agreed value estimated value agreed value agreed value without type of the without VAT without VAT VAT expressed in object expressed in expressed in thousands of RSD thousands of RSD thousands of RSD services 399 399 479
Having regard that in the period April – June 2014 there was no realisation of the public procurements procedure (open, negotiating ... ) the Public Procurement Office was delivered with the forms А, А1, А2, C1 и C2 as unfilled.
14. DATA ON STATE ASSISTANCE
79 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 The Ministry of Public Administration and Local Self-Government did not award or does it award the state aid in any form within the meaning of the provisions of point 34 of the Guide for Guidelines for Publishing Work Information Booklet of a State Body (‘’Official Gazette of RS’’, no. 68/10).
15. DATA ON PAID SALARIES, WAGES AND OTHER EARNINGS
Overview of the average civil servants salaries ranked by their titles, including the salaries of the State Secretaries and appointed civil servants:
Coefficient Ref. range by Average gross Overview of ranks based on the Law Average net salary no. payment salary groups 1 State Secretary 31,20 100,354.65 141,555.57 Assistant Minister and Secretary of the 2 7,11 143,566.46 203,198.66 Ministry 3 Senior Advisor 3,96-5,57 98,482.01 138,886.05 4 Independent Advisor 3,16-4,45 68,407.78 95,973.73 5 Advisor 2,53-3,56 53,376.42 74,600.22 6 Junior Advisor 2,03-2,85 38,958.64 53,972.09 7 Assistant 1,90-2,67 38,779.05 54,855.09 8 Junior Assistant 1,65-2,32 31,853.39 43,837.08 9 Officer 1,55-2,18 35,062.09 48,413.54 10 General service employee 1,00-2.53 29,186.19 40,031.38
80 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 Rank Compensation type AMOUNT 2013 On the day 30/9/2014 Compensation for transport costs for travelling to and from work 87,847.00 State Secretaries Official journey costs in the country (wages) 12,535.42 Official journey costs abroad 0.00 TOTAL: 0 100,382.42 Compensation for transport costs for travelling to and from work 14,933.00 Secretary of the Ministry Official journey costs in the country (wages) 0.00 Official journey costs abroad 0.00 TOTAL: 0 14,933.00 Compensation for transport costs for travelling to and from work 79,408.00 Assistant Ministers Official journey costs in the country (wages) 2,558.25 Official journey costs abroad 172,846.08 TOTAL: 0 254,812.33 Compensation for transport costs for travelling to and from work 0.00 Director/Deputy Director of the Administrative Official journey costs in the country (wages) 6,395.00 Inspectorate Official journey costs abroad 82,162.26 TOTAL: 0 88,557.26
Compensation for transport costs for travelling to and from work 0 1,159,459.89 Compensations for employees (without the Administrative Official journey costs in the country (wages) 0 59,095.52 Inspectorate) Official journey costs abroad 0 321,949.06 TOTAL: 0 1,540,504.47 Compensation for transport costs for travelling to and from work 0 273,296.88 Compensations for employees Official journey costs in the country (wages) 0 81,863.93 (Administrative Inspectorate) Official journey costs abroad 0 0.00 TOTAL: 0 355,160.81 81 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 16. DATA ON OPERATIONAL ASSETS
In preparation.
17. INFORMATION CARRIER KEEPING
Documentation of the Ministry of Public Administration and Local Self-Government is recorded and stored pursuant to the Regulation on Office Management along with the application of the appropriate protection measures. Information carriers at the disposal of the Ministry, which are a product of the work of the work Ministry and are related to its work, are stored in: Archives with the cases: Clerk Office of the Ministry of Public Administration and Local Self-Government, Birčaninova no. 6, Belgrade. E-Data basis: At the premises of the Ministry of Public Administration and Local Self- Government, Birčaninova no. 6, Belgrade. The cases whose storing period has not expired, are stored in the archive of the organisational unit in the work of which it was defined, and following the expiry of this deadline the cases are submitted to the archive of the Administration for Joint Services of the Republic Bodies, Nemanjina 22-26, Belgrade. Financial documentation is stored in the Secretariat of the Ministry, Department for Material and Financial affairs and in the Treasury of the Ministry of Finance, Pop Lukina 9. On the web presentation of the Ministry the information which occurred during the work or related to the work of the Ministry are published, and its content has or might have a public importance. Information on the site remains for the duration of its use, and when it is required it is updated.
18. POSSESSED INFORMATION TYPES
The Ministry owns (including the downloaded documentation) the citizen letters, email, documentation for enforcing the public procurements procedure for the needs of the Ministry abd with the objective of realisation of the project, documentation on the performed payments, realised competitions, decisions, opinions, records, concluded agreements, tone and video footages of the events in the organisation of the Ministry. Department of Personal Civil Status – Sector for Human and Minority Rights, registers and Records - Decisions on the complaints to the first instance decisions of the public authorisation holders regarding the entrusted register activities; - Responses to the Administrative Court regarding the lawsuits in the administrative dispute against the second instance decision of the Ministry; - Previous opinions on the decision proposals concerning the birth areas; - Guidelines by which the organisation of activities and work method of the employed persons at the body of the public authorisations holder is directed concerning the performance of the entrusted register activities; - Decisions by which it is decided on the request for taking a specialised licence examination for registrars; 82 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 - Decision on establishing the Electoral Commission for taking the specialised licence examination for registrars; - Records of the Electoral Commission for taking the specialised licence examination for registrars on the result of taking the examination and the determined general success of the candidates; - Certification on the passed licence examination for registrars, certification copy of the passed specialised examination for registrars; - Decision on issuing authorisation for performing the activities of registrars, i.e. the deputy registrar; - Official acts related to the following: knowledge of the foreign law regarding the birth/marriage/death registers, notification of the competent foreign bodies on the changes to the personal status of its citizens, validity check of public documents from the birth/marriage/death registers issued by the public authorisation holder concerning the entrusted register activities, obtaining the register certificates on the request of the foreign bodies or other public administration bodies, forwarding the application for the birth/marriage/death information registration, which occurred abroad.
19. INFORMATION TYPES FOR WHICH THE MINISTRY ENABLES ACCESS
All of the information available to the Ministry, and which occurred in the duration of its work or related to its work, the Ministry shall covey to the information seeker, provide for insight the document containing the required information or issue the copy of the document pursuant to the provisions of the Law on Free Access to Information of Public Importance, unless when, in accordance with this Law, the conditions for excluding or limiting free access to information of public importance have been achieved, pursuant to Articles 9, 10 or 14 of this Law. Information access may be denied or limited concerning the following information types and for the following reasons: If the request is related to an information belonging to the information types published on the web site, the Ministry may refer to the fact that the required information is already available on the Internet and may act pursuant to the provisions of Article 10 of the Law on Free Access to Information of Public Importance so that the request applicant, instead of being provided with the insight or a document copy, may be delivered with the correct web address where the information may be read or the document downloaded. When the request is related to an information assigned with a specific level of confidentiality by the authorised person of another public authority, pursuant to the Confidentiality Law, the Ministry may deny access to such information, pursuant to the provisions of Article 9 item 5 of the Law on Free Access to Information of Public Importance, in case the material conditions for this are also satisfied concerning the possibility of occurrence of difficult legal or other consequences to the interests prevailing over the interest for information access. In such a case the request denial may be partial or complete, depending on the fact if the confidential information may be separated and partially meet the condition or not. Realisation of this exception may be expected in a small number of cases. The Ministry possesses the documents it obtained from other public authorities, which are marked by a confidentiality level in accordance with the Confidentiality Law. Requests related to some of the information types mentioned below may be partially or completely denied pursuant to Article 14 of the Law Free Access to Information of Public Importance. In such cases, the request applicant, in principle, shall not be provided with the 83 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 personal information access, but instead it shall be provided to the remaining parts of the document when the information protected on these grounds of is separated from it, in the method stipulated by Article 12 of the Law. Information on other submitted requests for information access (the Ministry shall deny access to the information on the name and surname of the complainant, his/her address and other contacts, as well as the personal information of other persons mentioned in the complaint). Information on the submitted requests related to the personal information protection (the Ministry shall deny access to any information based on which the request applicant could be identified). Information on civil servants and general service employees (the Ministry shall deny access to their personal information (e.g. PI number, date of birth, home address and phone number, nationality, health status information, social status, etc.)). Information on payments (he Ministry shall deny certain personal information of persons who earn their budget payments – bank account number, PI number, address). Having regard that it is not possible to predict each situation when it would be justified to deny access to an information, therefore, we are stressing that it is possible that concerning other information categories, other than those which are explicitly stated in this chapter, there are certain pieces of information to which the access would be denied based on the privacy protection of the persons to whom the information is related.
20. INFORMATION ON REQUESTS SUBMISSION FOR ACCESSING INFORMATION
Pursuant to the Law on Free Access to Information of Public Importance (‘’Official Gazette of RS’’, no. 120/04, 54/07, 104/09 and 36/10), information of public importance is an information at the disposal of the public authority, which was produced during the work or is related to the work of the public authority, it is contained in a specific document, and related to all of the things the public has the justified interest to be informed on. Everybody is entitled to be informed whether the public authority possesses certain information of public importance, i.e. whether the information is available to him/her. Everybody is entitled to have the information of public importance available to him/her in the way that he/she shall be provided with the insight into the document containing the information of public importance, the right to obtain a copy of the document, as well as the right to have the copy of the document delivered to him/her, on request, by mail, fax, email or in some other way. The request for accessing the information of public importance shall be delivered to the person authorised for acting on the request for free access to information of public importance who shall later collect the information related to the subject of the request for the purpose of preparing the response, whereupon it is taken care of the legal deadlines. The request may be submitted by mail to the address Birčaninova no. 6, Belgrade or by email as indicated in the part of the rules related to the operation transparency. The request must include the name of the public authority, name and surname of the request applicant, and also the as precise as possible required information description. The applicant is not obliged to state the reasons for submitting the request. In case the request does not include the aforementioned information, or if the request is not orderly, the authorised person of the public authority is obliged to, without any compensation, notify the information seeker on the ways to eliminate the deficiencies, or to deliver the guidelines on the amendments to the information seeker. 84 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 In case the information seeker does not eliminate the deficiencies within a specified deadline, i.e. within 15 days from the day of receiving the guidelines on the amendments, and the deficiencies are such that you may not act on the request, the Ministry shall pass the conclusion on dismissing the request as unorderly. The Ministry is obliged to provide information access based on the oral request of the information seeker declared in the records, whereupon such request is introduced to the special record and deadlines are applied as if the request had been submitted in writing. The form for submitting the request is provided in the enclosure, but the Ministry shall also consider the request which was not composed in the form in question. The Ministry is obliged to notify the information seeker, without delay, and not later than 15 days from the day of the request delivery, on possessing the information in question, provide the document containing the required information for his/her insight, or to issue or address a copy of the document to the seeker. The copy of the document is dispatched to the information seeker as of the day of delivery from the Clerk Office of the Ministry. In case the request is related to the information for which it may be assumed that it is of importance for life or freedom protection of a person, or for endangering or protecting public health or environment, the public authority is obliged to inform the information seeker on the possessing the information in question, to deliver the document containing the information in question, or to issue the copy of the document not later than 48 hours from receiving the request. In case the public authority is prevented for justified reasons, from notifying the information seeker within 15 days, on possessing the information in question, provide the document containing the required information for insight, issue or dispatch the copy of the document, the Ministry shall be obliged to notify the information seeker, not later than seven days from receiving the request, and also set an additional deadline, which may not be longer than 40 days from the day of receiving the request, when the information seeker shall be informed on the possession of the information in question, provided with document containing the required information for insight, issued or dispatched with the copy of the document. In case the Ministry does not reply on the request within the determined period, the information seeker may lodge a complaint to the Commissioner, except in the cases determined by the Law on Free Access to Information of Public Importance. Insight to the document containing the required information is free of charge and it is performed in the official premises of the Ministry. A copy of the document containing the required information is issued with the obligation of the seeker to pay for the necessary expenses related to producing the copy in question, and in the case of dispatching which includes the dispatching costs. The Government prescribes the expenses bill based on which the costs referred to in the previous paragraph are accrued. Journalists are exempt from the compensation payment obligation, when the copy of the document is requested by them for their vocational purposes, as well as the human rights protection associations, when the copy of the document is requested by them for realisation of the objectives of the association as well as all other persons when the required information is related to violation, or protection of human health and environment, except in cases when the required information is already published and available in the country or online. The person, who is not capable without a companion of having insight into the document containing the required information, shall be provided with a chance to perform it with the assistance of a companion. If it meets the request, the Ministry shall not issue the special decision, but instead it shall compose a written official note on this. 85 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 If the Ministry refuses to completely or partially notify the information seeker on possessing the information, provides for insight the document containing the required information, issue it, or dispatch the copy of the document, it is required to pass a decision on dismissing the request and to explain the decision in writing, as well as to address the information seeker to the legal remedies he/she may declare against this decision. The information seeker may lodge a complaint in the cases prescribed by Article 22 of the Law on Free Access to Information of Public Importance. The request applicant is entitled to the right of complaint against the decision of the Ministry, in the case that the Ministry neither complies with the decision nor passes the decision by which the request shall be refuted. The request applicant is entitled to the right of complaint, to the conclusion by which the request of the information seeker is dismissed as unorderly.
Samples of forms for requests and complaints submission
REQUEST for accessing information of public importance NOTIFICATION on enabling information access COMPLAINT against the decision of the authorities by which the request for information access is denied or dismissed COMPLAINT when the authority did not act/did not act in entirety by the request of the complainant within the legal deadline (administrative silence)
86 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 MINISTRY OF PUBLIC ADMINISTRATION AND LOCAL SELF-GOVERNMENT Birčaninova no. 6, Belgrade REQUEST for access to information of public importance
Pursuant to Article 15 paragraph 1 of the Law on Free Access to Information of Public Importance (‘’Official Gazette of RS“ no. 120/04, 54/07, 104/09 and 36/10), I hereby require from the aforementioned authority to be provided with*:
a notification if it has the required information at its disposal; an insight into the document containing the required information; a copy of the document containing the required information; delivering the copy of the document containing the required information:** post email fax in some other way:*** ______
This request is related to the following information: ______. (as precise information description as possible should be stated related to the required information as well as other information facilitating the search of the required information)
______Information seeker / Name
______address In______on the day ______201______other contact
______Signature
______ Which legal rights to information access you seek to achieve should be marked in the box. The method of the delivery of the document copy should be marked in the box. If you require another delivery method it is required that you fill in the box on the delivery method you require.
87 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 MINISTRY OF PUBLIC ADMINISTRATION AND LOCAL SELF-GOVERNMENT Birčaninova no. 6, Belgrade Subject no.: ______Date: ______
______Name / title/ address of the request applicant
NOTIFICATION on providing the document containing the requested information for insight as well as on the production of the copy
Based on Article 16 paragraph 1 of the Law on Free Access to Information of Public Importance, by acting on your request for free access to information as of the year ______, and by which you have requested for insight into the document(s) containing the information related to: ______(requested information description)
We inform you that on the day ______, at _____ (time), or in the period from ____ tо ___, at the premises of the authority in ______with the address______no. ______, office no. ____ insight may be made into the document(s) containing the required information.
On this occasion, on your request, a copy of the document containing the required information may be issued to you. The expenses are prescibed by the Regulation of the Government of the Republic of (’’Official gazette of RS“, no. 8/06), as follows: a copy of the А4 format page costs 3 RSD, А3 format page costs 6 RSD, CD 35 RSD, discs 20 RSD, DVD 40 RSD, audio tape – 150 RSD, video tape 300 RSD, converting one side of the document from the physical into an electronic form – 30 RSD.
The total amount of the expenses of producing the copy of the document on your request is...... RSD and it is paid to the bank account of the Budget of the Republic of Serbia no. 840-742328- 843-30, with the reference number 97 – code mark of the municipality/city where the public authority is located (from the Guidelines on the Conditions and Method of Keeping the Accounts – ’’Official Gazette of RS“, 20/07... 40/10).
Delivered to: 1. Referred person (L.S.) 2. Archive ______(Signature of the authorised person, or public authority)
88 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 COMPLAINT against the decision of public authorities by which the request was denied or dismissed for access to information addressed to the Commissioner for information of public importance and protection of personal information Address for mail delivery: Belgrade, Boulevard of King Aleksandar 15
COMPLAINT
(...... ) Name, surname, i.e. title, address and seat of the complainant)
against the decision-conclusion (...... ) (name of the authority passing the decision који је донео одлуку) No...... as of the year......
By the aforementioned decision of a public authority (decision, conclusion, notification in a written form with the elements of a decision), contrary to the Law, my request submitted on …………… (date) was denied-dismissed and thus I was denied-deprived of a possibility to realise the constitutional and legal right free access to information of public importance. I hereby refute the decision in question in its entirety, i.e. concerning the part by which...... since this was not based on the Law on Free Access to Information of Public Importance. With regard to the presented reasons, I suggest that the Commissioner should grant my complaint, cancel the decision of the first instance body and enable access to the required (pieces of) information. I lodge the complaint timely, within the legal deadline stipulated in Article 22 paragraph 1 of the Law on Free Access to Information of Public Importance.
In ______, ______on the day______201__ . Complainant /Name ______Аddress ______Other contact information ______Signature
Note: The decision which is being refuted must be stated in the complaint (decision, conclusion, notification), name of the authority passing the decision, as well as the decision number and date. It is sufficient that the complainant states in the complaint in which terms he/she is dissatisfied with the decision, with the exception that it is not required to specially explaining the complaint. In case the complaint is declared in this form, further explanation may be additionally enclosed. Along with the complaint, it is required to enclose a copy of the submitted request as well as the evidence on its submission-dispatching to the authority as well as a copy of the decision of the authority being denied by the complaint in question.
89 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 COMPLAINT when the public authority did not act/did not act in entirety on the request of the complainant within the legal deadline (administrative silence) addressed to the Commissioner for information of public importance and protection of personal information Belgrade, Boulevard of King Aleksandar 15
Pursuant to Article 22 of the Law on Free Access to Information of Public Importance I hereby lodge a: COMPLAINT against ...... (state the name of the authority)
for the public authority: did not act /did not act in entirety /within the legal deadline (underline the reason for which the complaint is lodged) on my request for free access to information of public importance I lodged to the authority in question on the day …...... (year), and by which I have required, in accordance with the Law on Free Access to Information of Public Importance, to be provided with the insight to the copies containing the information related to the following:...... (state the data on the request and information)
With regard to the aforementioned, I suggest that the Commissioner should grant my complaint and provide me with the access to the required (pieces of) information. Као доказ , уз жалбу достављам копију захтева са доказом о предаји органу власти. Note: In the case of the complaint against not acting in entirety on the request, the received response of the public authority should also be enclosed.
In ______, ______on the day______201__ . Complainant /Name ______Аddress ______Other contact information ______Signature
90 Work Information Booklet Ministry of Public Administration and Local Self-Government October 2014 SCHEMATIC OVERVIEW OF SCHEMATIC OVERVIEW OF THE INFORMATION ACCESS THE INFORMATION ACCESS PROCEDURE PROCEDURE
REQUEST REQUEST ORAL - WRITTEN ORAL - WRITTEN
Meeting the request DECISION ON DENYING THE Meeting the request DECISION ON DENYING THE notification on the disposal REQUEST notification on the disposal REQUEST with the information; or with the information; or insight into the document ADMINISTRATIVE SILENCE insight into the document ADMINISTRATIVE SILENCE containing the required containing the required information; information; issuing the copy of the issuing the copy of the document containing the COMPLAINT TO THE document containing the COMPLAINT TO THE required information; COMMISSIONER required information; COMMISSIONER delivering the document by delivering the document by post or in other way post or in other way DECISION OF THE DECISION OF THE COMMISSIONER ON COMMISSIONER ON COMPLAINT COMPLAINT
DECISION DECISION on DECISION DECISION on on approving the denying the on approving the denying the complaint complaint complaint complaint
LAWSUIT LAWSUIT by which an by which an administrative administrative dispute is dispute is initiated before initiated before the competent the competent court against the court against the 91 decision of the decision of the Work Information Booklet commissioner Ministry of Public Administration and Local Self-Government commissioner October 2014