LAW ON GENERAL ADMINISTRATIVE PROCEDURES

 

 

PART ONE

 

GENERAL PROVISIONS

 

 

 

CHAPTER I

 

BASIC PRINCIPLES

 

 

 

Implementation of the Law

 

Article 1

 

            (1)        The administrative units and other public (government) units shall act pursuant to this Law in the administrative procedures, directly implementing the regulations and adopting decisions on the rights, obligations and legal interests of the individuals, legal entities or other parties.

            (2)        The enterprises, institutions and other organizations, funds and associations, public organizations, citizen associations and organizations shall act pursuant to this Law in  exercising their public authorizations, entrusted to them by law and by legal decision of the municipality council or of the city of Skopje, for deciding on the issues mentioned in paragraph 1 above.

            (3)        The units of the local self-government and of the city of Skopje shall act pursuant to this Law in exercising their  authorities as well as in exercising the authorities delegated to them by the Republic for deciding on the issues mentioned in paragraph 1 above.

 

Special Procedures

 

Article 2

 

            Some issues of the procedure regarding certain administrative area may be, by special law, stipulated differently than they are stipulated by this law if this is necessary for proceeding in that administrative area.

 

Subsidiary Implementation of the Law

 

Article 3

 

            The administrative areas for which there is special procedure stipulated by law, shall be governed by the provisions of that law. The provisions of this law shall apply for all issues that are not covered by a special law.

 

 

The Principle of Lawfulness

 

Article 4

 

            (1)        The units, enterprises, institutions, funds, associations, organizations and communities, as well as other institutions that are engaged in administrative issues shall adopt their decisions on the basis of the law, other regulations of the government units and on the basis of general rules and regulations of the organizations, funds and communities passed by them in accordance with their authorizations.

            (2)        If the units are authorized, by law or by rules based on the law, to adopt decisions regarding the administrative issues at their own discretion, then such decisions should be made within the limits of their authorizations and in accordance with the purpose of the authorization.

            (3)        The provisions of this law shall also be valid in cases when the unit is authorized to adopt decisions regarding the administrative issues at its own discretion.

 

Protection of Civil Rights and Public Interest

 

Article 5

 

            (1)        When administering a procedure and adopting a decision, the units shall be obligated to enable to the parties to protect and exercise their rights taking into account that such rights are not to the prejudice of the rights of other parties (persons) nor contrary to the public interests established by law.

            (2)        If the official, on the basis of the existing facts, finds or assesses that certain citizen or organization has a basis for exercising certain right, then the civil servant shall inform and help the citizen or organization.

            (3)        If certain obligations are imposed on the citizens by the law, then the measures that will be taken, pursuant to the regulations, shall be more favorable for the citizens, if the aim of the law is accomplished by such measures.

 

The Principle of Efficiency

 

Article 6

 

            The units, enterprises, institutions, funds, associations and other organizations and communities involved in adopting decisions on administrative matters shall be obliged to provide efficient way for exercising the rights and interests of the citizens, enterprises, institutions and other organizations, funds and communities.

 

State of Affairs

 

Article 7

 

            The actual situation shall be determined during the procedure. All relevant facts shall be investigated and determined in order to make legal and correct decision.

 

 

Hearing of the Parties

 

Article 8

 

            (1)        Prior to adopting any decision, the party shall have the right to state the facts and circumstances which are relevant for the decision.

            (2)        The decision may be adopted without prior hearing of the party only in cases stipulated by law.

 

Evaluation of the Evidence

 

Article 9

 

            The authorized (official) person, at his own discretion, shall decide on the validity of the facts used as proof, on the basis of conscientious and careful evaluation of each evidence separately and of the aggregate evidence, as well as on the basis of the impact that such evidence will have on the outcome of the procedure.

 

Independent Adopting of Decisions

 

Article 10

 

            (1)        The unit shall administer the administrative procedure and adopt a decision independently, within the authorizations established by law, other regulations and by general rules and regulations.

            (2)        The authorized (official) person in the unit authorized for the procedure shall independently determine the facts and circumstances. On the basis of these facts and circumstances the authorized person shall implement the regulations, i.e. the general rules and regulations on a specific case.

 

The Right of Appeal

 

Article 11

 

            (1)        The party shall have the right to lodge an appeal against a first instance decision. It may be stipulated only by law that an appeal cannot be lodged against certain administrative procedures if the rights and lawfulness are stipulated otherwise.

            (2)        If there is no second instance administrative (appellate)  unit, an appeal against a first instance decision may be lodged only in cases stipulated by law. Such law shall determine the unit that is authorized to adopt a decision regarding an appeal.

            (3)        According to the provisions of this law, the party shall have the right to lodge an appeal if the first instance unit does not adopt a decision within the term stipulated.

            (4)        An appeal cannot be lodged against a decision of the second (appellate) instance.

 

 

 

ALTERNATIVE

 

            (5)        The party may lodge a complaint and institute an administrative dispute against a decision made by the first instance unit without prior lodging of an appeal.

 

Validity of the Decision

 

Article 12

 

            The decision against which no appeal can be lodged  nor administrative dispute can be instituted (a legally valid decision), by which the party has attained certain rights, or by which certain obligations have been imposed on the party, can be annulled, abolished or amended only in cases stipulated by law.

           

Economy of the Procedures

 

Article 13

 

            The procedures shall be administered efficiently in order to keep the expenses low and spare time for the party and the other persons that are involved in the procedure. However, all documents needed for correct determination of the facts of the case and for making a legal and correct decision shall be provided.

 

Assistance to Unschooled Parties

 

            The unit that administers the procedure shall take care that the lack of schooling or knowledge of the party and other persons involved in the procedure shall not be to the disadvantage of the parties and their rights pertaining to them according to the law.

 

Usage of Language and Alphabet

 

Article 15

 

            (1)        The administrative procedure in the Republic of Macedonia shall be administered in the official Macedonian language.

            (2)        The citizens of the Republic of Macedonia, the minorities, shall have the right to use their own language in the administrative procedure.

            The unit shall inform the party or other participants in the procedure on the usage of the language.  It shall be entered into the records that the party i.e. the other participants have been informed on that right and the party’s statement regarding the information shall also be entered into the records.

            (3)        If the party or the other participants in the procedure are not citizen of the Republic of Macedonia and do not know the language of the procedure, they shall have the right to follow the course of the procedure through a translator.

 

 

 

ALTERNATIVE

 

(4)        The alphabets of the other nationalities and minorities of the Republic of Macedonia shall be equally used in the administrative procedures.

 

Usage of the Term “Unit”

 

Article 16

 

            The unit that administers and makes decisions in the administrative procedures shall include: administrative units, other government units, enterprises, institutions, other organizations, funds, communities, public organizations and associations of citizens and other organizations, unless otherwise established by this law.

 

 

CHAPTER II

 

 

 

AUTHORITY

 

1. Genuine and Local Jurisdiction

 

Article 17

 

            (1)        The genuine authority for making decisions in the administrative procedure shall be determined in accordance with the regulations established for the specific administrative area or the authority of certain units.

            (2)        The local authority shall be determined in accordance with the regulations on the political - territorial division  and in accordance with the regulations on the organization of certain units.

 

 

Article 18

 

            (1)        The genuine authority for deciding in the first instance administrative matters shall be vested in the administrative units of the Republic of Macedonia or in their Regional Offices , if, by law, the authority is not vested in other units.

            (2)        On the basis of the authorizations established by law, the military units may have the authority, established by sub-legal regulation, to decide in the first instance administrative procedures.

 

 

Article 19

 

            The appropriate administrative unit shall have the authority for the administrative issues, unless such authority is vested in some other unit.

 

Article 20

 

            If no regulation exists for determining which administrative unit shall have the genuine authority to decide on certain administrative issue, and such authority cannot be determined according to the nature of the issue, then that issue shall be within the authority of the administrative unit authorized for general administrative issues.

 

 

Article 21

 

            (1)        A unit shall not have the right to take over certain administrative issue that is within the authority of another unit and make a decision independently, unless such possibility is established by law and in accordance with the conditions stipulated in that law.

            (2)        A unit authorized  for deciding on certain administrative issues may delegate such authority to other unit only on the basis of adequate legal authorization.

            (3)        The genuine and local authority cannot interchange  by agreement between the parties, by agreement between the units and the parties or by agreement between the units, unless otherwise stipulated by law.

 

Article 22

 

            (1)        In accordance with the provisions stated in Article 17, paragraph 2 herein, the local authority shall be determined:

 

1.      on issues regarding real estate - according to the location of the real estate;

2.      on issues regarding the activities of certain public agency, enterprise, institution, organization, fund or community - according to the place of their registered office. The authority over issues regarding the activities of the enterprises’ business units, institutions, organizations, funds and communities, shall be determined according to the registered office of the unit.

3.      on issues regarding managing a shop or professional activities of certain persons that perform or will perform their activities on a specific location - according to the address of the shop or according to the office where the activity is performed;

4.   on other issues - according to the residence of the party. In case of more than one parties, then the authority shall be determined according to the party involved. If the party has no permanent residence in the Republic of Macedonia, then the authority shall be determined according to the party’s temporary residence; otherwise, the authority shall be determined according to the last residence or temporary residence of the party in the Republic of Macedonia.

5.    In case the local authority cannot be determined according to the provisions stated in items 1 to 4 in this Article, then the authority shall be determined according to the place where the reason for the procedure occurred.

 

            (2)        In case of issues regarding a ship or airplane or in case the reason for the procedure occurred on a ship or airplane, the local authority shall be determined according to the ship’s port of registry i.e. airplane’s port of registry.

            (3)        The provisions stated above shall be implemented unless otherwise stipulated by special regulations.

 

Article 23

 

            (1)        In case two or more units have simultaneous local authority on the issues stated above, then the unit that first started the procedure shall be authorized for administering the procedure. However, the units may agree which of them shall administer the procedure.

            (2)        Any locally authorized unit, in its region, shall perform those activities of the procedure that cannot be postponed.

 

Article 24

 

            The unit that started administering the procedure as a locally authorized unit shall remain authorized even if certain circumstances appear, during the course of the procedure, that could change the place of authority for that procedure. The unit that administers the procedure may delegate the authority for such procedure to the other unit, if this significantly simplifies the procedure, especially for the party . Such unit, considering the circumstances, may have local authority.

 

 

Article 25

 

            (1)        Each of the units, in their line of duties, shall stay within the limits of their genuine and local authority during the course of the whole procedure.

            (2)        In case the unit determines that it is not authorized for certain administrative issues, then the unit shall act in accordance with the provision stated in Article 66 (62), paragraph 3 and 4 of this law.

            (3)        In case the unit that was not authorized for the procedure took some action regarding the procedure, the authorized unit to which the procedure was delegated to shall determine whether some of those actions should be repeated or not.

 

 

2. Parties having Diplomatic Immunity

 

Article 26

 

            (1)        Regarding the jurisdiction of the local authorities over procedures that involve foreign person  having a right to diplomatic immunity in the Republic of Macedonia, a foreign country or international organization, the provisions of the international law that have been recognized by the Republic of Macedonia shall be valid.

            (2)        If there is any doubt regarding the existence or the scope of the right to immunity, then the administrative unit authorized on foreign affairs shall give its interpretation.

            (3)        The official acts that relate to persons having the right to immunity shall be performed by mediation of the administrative unit authorized on foreign affairs.

 

 

3.  Regional Limits of the Jurisdiction

 

Article 27

 

            (1)        All units shall perform their official activities within the limits of their region.

            (2)        If a delay is likely to appear, and the official action should be taken out of the regional limits of the unit, then the unit may perform the action out of the limits of its region. The unit is obliged to inform the other unit authorized for that region where the action was performed.

            (3)        The official activities that have to be taken in buildings and other structures owned by the military units shall be performed with prior reporting to the commander of the building or the structure and by his consent.

            (4)        The official activities that have to be performed in a extra territorial region shall be performed by mediation of the administrative unit authorized for foreign affairs.

 

 

4.   Conflict of Authority

 

Article 28

           

            The republic administrative units shall settle the conflicts of authorities between the regional offices and organization units that have been established for performance of certain administrative matters within the authority of the republic administrative unit.

 

 

Article 29

 

            The conflicts of authorities between two or more republic administrative units or between the administrative units and  public organizations, and between the public organizations themselves shall be solved by the Government of the Republic of Macedonia.

 

 

Article 30

 

            (1)        In case two units declare themselves as authorized or unauthorized for deciding on the same administrative issue, then the proposal for settlement of the conflict of authorities shall be given by the unit that last decided on its authority, or the proposal may be given by the party (the plaintiff or the defendant).

            (2)        The unit that decides on the conflict of authorities shall, at the same time, cancel the decision made on the administrative issue by the unauthorized unit, or, shall cancel the resolution of the authorized unit by which it declared itself as unauthorized and submit the documents of the case to the authorized unit.

            (3)        No special appeal shall be lodged or no special administrative proceedings shall be taken by the party against the decision that settles the conflict of authorities.

            (4)        The provision of Article 23, paragraph 3 herein shall apply accordingly in case of conflict of authorities.

 

 

Article 31

 

            (1)        The unit in conflict shall have the right to lodge an appeal if it considers that some  of its rights were violated by the decision regarding the conflict of authority.

            (2)        If the unit authorized for making a decision regarding the appeal stated in the pervious paragraph should find that the decision made on the conflict of authority was against the regulations, the unit shall settle the resulting relations between the complainant unit and the unit that was declared as authorized by the jurisdiction court, taking into account the rights pertaining to the complainant according to the regulations. The decision adopted regarding the appeal shall be considered as first instance decision.

            (3)        The appeal stated in paragraph 1 above and the decision adopted shall have no effect on the administrative procedure for the specific issue.

 

 

 

5.  Official person authorized to administer the procedure and adopt decisions

 

Article 32

 

            (1)        The supervisor of the administrative unit authorized to decide on administrative issues shall adopt the decision regarding the administrative procedure, unless otherwise determined by the regulations of the unit or by other special regulations.

            (2)        The supervisor may authorize other official person in the same unit to decide on a specific kind of administrative issue.

            (3)        The authorization also covers the administering of the procedure prior to adopting the decision.

 

 

Article 33

 

            (1)        In case of managing boards, the decision shall be adopted by the managing board, unless it is determined by law or by a decision of the municipality or the City of Skopje that the president of the managing board shall adopt the decision in the administrative procedure.

            (2)        The managing board, pursuant to law, or regulation based on law, or a decision of the municipality or the City of Skopje, may authorize an official person in the same unit to adopt decisions in the administrative procedures.

 

 

 

 

Article 34

 

            (1)        If the administrative issue falls within the jurisdiction of the Assembly of the Republic of Macedonia or the Municipality Council i.e. the City of Skopje, or the Government of the Republic of Macedonia or the executive board the local units, then the procedure shall be administered by the administrative unit authorized for the issue, unless it is determined by a regulation that another unit should administer the procedure.. The provision of Article 36, paragraph 2 of this law shall refer to such unit.

            (2)        In the case described in the previous paragraph, the unit i.e. the official person that administered the procedure shall submit a written report and a proposal for decision to the authorized unit, unless it is determined by other regulations that such report shall be submitted by a committee or other administrative unit.

            (3)        The provisions given in the previous paragraph shall apply to the decisions adopted by units of second instance.

 

 

Article 35        

 

            For the administrative issues that are in the authority of an enterprise, institution, fund or other organization or community, the decision shall be adopted by the appropriate unit, i.e. the person that has the appropriate office, unless other unit or person is determined to decide on such issues within the organization or the community in accordance with the law or by other regulation based on law, i.e. by the general rules and regulations of that organization or the community.

 

 

Article 36

 

            (1)        The supervisor of the unit may authorize other expert official person within the unit to undertake activities in the procedure prior to adopting the decision.

            (2)        If such authorization has no limitations, the specified official person shall have the authority to perform all activities in the procedure, except adopting decisions or resolutions that would prevent further administering of the procedure.

 

 

 

6.  Legal Assistance

 

Article 37

 

            (1)        In case the administrative unit has to perform certain activities in the procedure out of its region of authority, then the unit shall ask the administrative unit where such activities have to be performed to execute such activities.

            (2)        For the purpose of easier and efficient performance of the activities or in order to avoid unnecessary expenses, the unit authorized to make decisions on administrative issues may assign the performance of certain activities in the procedure to other appropriate unit authorized for such activities.

 

 

Article 38

 

            (1)        The administrative units, as well as the enterprises, institutions, other organizations, funds and communities,  public organizations and associations of citizens that have public authorization to make decisions on administrative  issues, shall be obliged to provide to each other legal assistance in the administrative procedures. They shall ask for assistance by submitting a request.

            (2)        The unit that was asked for assistance, as well as the organization in paragraph 1 of this Article, shall be obliged to act according to the request within the limits of their region and scope of their duties, without delay, latest by 30 days from the receipt of the request.

            (3)        Legal assistance for performance of certain activities in the procedure may be asked by the courts,  but only within the frames of special regulations. As an exception,  the administrative unit, as well as an organization that has public authorization to make decisions on administrative issues may ask the courts to provide them with the documents required for administering the procedure. The courts shall be obliged to act in accordance with such request if it does not prevent the court proceedings. The court may determine the term in which such documents have to returned.

            (4)        If legal assistance has to be asked from foreign agencies, then the provisions of the international agreements shall be valid. In case of no specific provisions in this regard, the principle of reciprocity shall be valid. If the principle of reciprocity is questioned, then the administrative unit authorized for foreign affairs shall provide an explanation. In such case, the authorized  unit shall ask for an explanation through the appropriate administrative unit authorized for judiciary issues.

            (5)        The local agencies shall provide legal assistance to foreign agencies in the way stipulated by the local law. The agency shall have the right not to give any legal assistance if the required activity is contrary to the public order. The requested activity may be performed according to the instructions of the foreign agency, if such procedure is not contrary to the public order.

            (6)        In case the international agreements do not stipulate direct contact with the foreign agencies, the administrative units shall communicate with the foreign agencies through the administrative unit authorized for foreign affairs.

 

 

7.  Exemptions

 

Article 39

 

            The official person authorized to adopt decisions or to perform certain activities in the procedure shall be exempted from the activities of the procedure if:

            (1)        the official person is involved in the procedure in the capacity of a party, co-authorized person, witness, legal assessor, or legal counsel of the party;

            (2)        the official person is immediate family with the party, the legal counsel or the authorized person , or related up to and including the fourth cousin, or married or related by marriage, up to and including the second cousin, even if the marriage was annulled;

            (3)        the official person is a guardian, related by adoption  or supporter of the party, the legal counsel or the party’s authorized person;

            (4)        in the first instance procedure the official person participated in the administering of the procedure or in the adoption of the decision.

 

 

Article 40

 

            In case the official person that should decide on certain administrative issue or take action pursuant to the procedure determines that there is a reason for exemption stated in the provisions of Article 39 herein, the official person is obligated to stop any further activities regarding the specific case and advise the agency authorized to decide on the exemption. If the official person considers that there are other circumstances that justify his/hers exemption, then he/she shall advise the same agency not interrupting the procedure.

 

Article 41

 

            (1)        The party may require exemption of the official person for reasons stated in Article 39 in this law, or  when there are other circumstances that question his/hers impartiality. In the request, the party must state the circumstances that justify the reason for the exemption.

            (2)        The official person for whom there is a request for exemption submitted by the party for reasons stated in Article 42 (39) in this law, shall not perform any activities regarding the procedure, except those that cannot be delayed, until the final resolution is adopted regarding the request.

 

 

Article 42

 

            (1)        The supervisor of the administrative agency shall decide on the exemption of the official person.

            (2)        The Government of the Republic of Macedonia shall decide on the exemption of a manager (supervisor) of an administrative agency.

            (3)        A unit nominated by a Republic regulation shall decide on the exemption of an official person or high official (manager) that manages the administrative unit.

            (4)        The president of the republic managing board shall decide on the exemption of an official person from the managing board. The republic managing board shall decide on  the exemption of a member of the managing board and the Government of the Republic of Macedonia shall decide on exemption of the president of the republic managing board.

            (5)        The decision for an exemption of an official person in the unit of local self-government in the municipalities of the City of Skopje shall be made by the unit nominated in accordance with the municipality’s decision i.e. the City of Skopje.

            (6)        A final resolution shall be adopted regarding an exemption.

 

 

Article 44

 

            (1)        The provisions of this law referring to the exemptions shall equally apply to the recording person.

            (2)        The final resolution on exemption of the recording person shall be adopted by the official person that administers the procedure.

 

 

 

CHAPTER III

 

THE PARTY AND LEGAL COUNSEL OF THE PARTY

 

1. Party

 

Article 45

 

            A party is a person that requires administering of a procedure or a person against who a procedure is being administered, or who has the right to participate in a procedure in order to protect his/her rights or interests.

 

Article 46

 

            (1)        Any person or legal entity may be a party in an administrative procedure.

            (2)        Any public unit, business unit in an organization and community, settlement,  group of persons and other which are not considered as legal entities may be a party if they can be considered as bearers of the rights and liabilities that are subject of the administrative procedure.

            (3)        A union organization may be a party if the administrative procedure refers to a right or legal interest of the employees in the enterprises (companies), institutions, other organizations and units.

 

Article 47

 

            (1)        Any enterprise (company), institution, organization and unit, public organization and association of the citizens that, pursuant to their rules and regulations, have an obligation to protect certain rights and interests of their members, may, by consent of its member, submit a request on his/her behalf regarding such rights and interests, or they may be involved in the already initiated procedure bearing all the rights of the party.

            (2)        The enterprise (company), institution, other organization and unit may represent the employee on his/hers request if  their rules and regulations stipulate that possibility.

Article 48

 

            (1)        If the public prosecutor, the public attorney and other public agencies are authorized by law to represent the public interests in the administrative procedure then they, within the limits of their authorizations, shall have  the rights and liabilities of a party.

            (2)        The agencies stated in paragraph 1 above shall not have wider authorizations than those of the parties, unless such authorizations are stipulated by law.

 

 

2.  Legal Capacity and Legal Counsel

 

Article 49

 

            (1)        Any party that has full working abilities may perform all activities in the procedure (legal capacity).

            (2)        Any person that has no legal capacity shall be represented by a legal counsel who will perform all activities during the procedure. The legal counsel shall be determined pursuant to a law or  an appropriate deed of the authorized government unit enacted on the basis of a law.

            (3)        Any legal entity shall perform the activities in the procedure through its representative i.e. legal counsel. The representative i.e. the legal counsel of the legal entity shall be determined on the basis of a general rules and regulations, unless otherwise determined by law or by rules and regulations of the authorized government unit based on a law.

            (4)        Any  government unit shall perform the activities in the procedure through the representative determined by law, and any unit of an organization or community - through the person that manages the unit. Any settlement or groups of persons that have no capacity of a legal person shall perform the activities in the procedure through a person that they will determine, unless otherwise determined by special regulations.

            (5)        In case the unit that administers the procedure finds that the legal counsel of a person under custody (guardianship) does not give the due attention to the representation, the unit shall inform the guardianship unit.

 

Article 50

 

            (1)        During the course of the whole procedure, the unit shall have an official duty to monitor whether the person that appears as a party has a legal capacity of a party and whether the party has a legal counsel.

            (2)        In case of death of the party during the course of the procedure, the procedure may be stopped or continued, depending on the nature of the administrative issue that is subject of the procedure. If the nature of  the procedure does not allow continuation, the unit shall stop the procedure bringing a final resolution. A special appeal may be lodged against such resolution.

 

 

3.  Temporary Legal Counsel

 

Article 51

 

            (1)        In case the party has no legal capacity and no legal counsel, or in case an action has to be taken against a person whose residence is unknown and has no legal representative, the unit that administers the procedure shall appoint a temporary legal counsel if the case is urgent and the procedure must be administered. The unit shall immediately inform the guardianship unit of the appointment of a temporary legal counsel. In case of a person whose residence is unknown, the final resolution shall be made known in the usual way.

            (2)        In case an organization or a community has no legal counsel, representative or authorized person, the unit that administers the procedure shall appoint a legal counsel to such party, under the conditions stated in paragraph 1 above. Generally, the legal counsel shall be chosen among the officials in the organization or community and shall advise the organization or the community of the appointment without delay. 

            (3)        The same mode of appointment stated in paragraphs 1 and 2 above, shall  be applied in case of urgent action that has to be performed, and the party i.e. its legal representative or legal counsel cannot be summoned on time. The party, the representative or the legal counsel shall be informed of such case immediately.

            (4)        The appointed person is obliged to accept the representation. Such representation may be denied only in cases stipulated by special rules. The temporary counsel shall participate only in the procedure for which he/she was explicitly appointed, and only until the appearance of the legal counsel or representative or the party itself or its representative.

 

 

4.  Joint Representative

 

Article 52        

 

            (1)        Two or more parties may appear jointly in the same case, unless otherwise stipulated by special rule. In such case, they are obliged to designate who of the either shall act as joint representative, or they should appoint a joint representative.

            (2)        The unit that administers the procedure may, unless prohibited by special rule, bring a resolution by which the parties that participate in the procedure and have the same requests shall be obliged to designate, within a determined term,  who among them will represent them, or to appoint a joint representative. If the parties do not act accordingly, the representative may be appointed by the unit that administers the procedure. In such case, the joint representative or authorized person shall have that capacity until the parties appoint their own representative. The parties shall have the right to lodge an appeal against the resolution of the unit, however, the appeal shall not exclude the enforcement.

            (3)        Even in the case of appointing a joint representative i.e. authorized person, each party shall have the right to act as a party in the procedure, to give statements and  independently lodge appeals or use other legal remedies.

 

 

 

5.  Authorized person

 

Article 53

 

            (1)        The party or its legal counsel may appoint an authorized person who shall act as representative in the procedure, except in cases when it is necessary the party itself to give statements.

            (2)        The actions in the procedure that are taken by the authorized person, within the limits of the authorization, shall have the same effect as if taken by the party itself.

            (3)        Besides the authorized person, the party itself shall have the right to give statements, especially in cases when the party has to give a direct statement.

            (4)        In cases when the party is not present while its authorized person gives an verbal statement, the party has the right, immediately upon the given statement, to change or cancel the statement given by the authorized person. If there is a discrepancy in the facts of the written or verbal statements given by the party and its authorized person, the unit that administers the procedure shall assess both statements pursuant to the provisions in Article 9 in this Law.

 

 

 

 

 

Article 54

 

            (1)        Any person that has full working abilities can be an authorized person, except persons that are pretending to be experts.

            (2)        In case it is determined that the authorized person is pretending to be expert, the government unit shall deprive him/her of any further representation and inform the party thereof immediately.

            (3)        An appeal can be lodged against the resolution to deprive the person of further representation. Such appeal shall not postpone the enforcement of the resolution.

 

Article 55

 

            (1)        The authorization may be written or verbal. The verbal authorization shall be entered into a register. It shall be entered into the case file that the authorization is verbal.

            (2)        An illiterate party or a party that is not able to sign, shall put an index fingerprint  on the written authorization instead of a signature. If the authorization is given to a person that is not an authorized person, then the authorization shall be given in the presence of two witnesses that will sign the authorization. 

            (3)        In exceptional cases, the official that administers the procedure or performs certain activities during the procedure may allow the members of the party’s family or household, persons that work together with the party or officials, to perform certain activities on behalf of the party even without authorization, if those persons are well known and there is no doubt of the existence and scope of the authorization. In case such person requests administering a procedure or if during the procedure such person gives a statement that is contrary to the previously given statement,  then he/she shall be asked to present a document for authorization in a due term.

 

Article 56

 

            (1)        If the authorization was given in a form of a private document and there is a doubt of its authenticity, then it shall be required such authorization be validated.

            (2)        The validity of an authorization shall be investigated ex officio. Any faults of the written authorization shall be removed in accordance with the provisions of Article 64 in this Law. The official that administers the procedure may allow the authorized person with the invalid authorization to perform the urgent activities in the procedure.

 

Article 57

 

            (1)        The provisions of the authorization determine its contents and scope. The authorization may be valid for the whole procedure or only for separate activities and it may be limited in time.

            (2)        The authorization shall be still valid even in case of death of the party, loosing its legal capacity or change of its legal counsel. However, the party’s legal successor i.e. its new legal counsel may annul the previous authorization.

            (3)        The issues regarding the authorization that are not covered by the provisions of  this law, shall be governed pursuant to the provisions of the Law on Civil Procedure.

 

 

Article 58

 

    The provisions of this law that refer to the parties shall be accordingly valid                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            for their legal counsel, authorized persons, temporary representatives and joint representatives.

 

Article 59

 

            (1)        The party shall be allowed to bring an expert (expert assistant) who will give information and advice regarding expert issues in the procedure. Such person does not represent the party.

            (2)        The party shall not bring an expert assistant who has no working capabilities or who is pretending to be expert.

 

 

 

CHAPTER IV

 

 

COMMUNICATION BETWEEN THE UNITS AND THE PARTIES

 

1.  Documents

 

Article 60

 

            (1)        Documents shall mean requests, forms used for automatic data processing, proposals, notifications, applications, appeals, complaints and other information that the individuals or legal entities i.e. organizations submit to the units.

            (2)        Generally, the documents shall be submitted directly or sent by mail in a written form, or verbally presented and entered into a register. Unless otherwise stipulated, the documents may be submitted by cable. Brief and urgent information may be given by phone, if the nature of the work allows that.

 

Article 61

 

            The document shall be submitted each working day during the working hours to the unit authorized to receive such document. The verbal documents that have no time limit or are not urgent may be given in previously determined hours during the working hours. The time determined for such verbal documents shall be announced by each unit on a clearly visible spot in the unit’s premises.

 

Article 62

 

            (1)        The unit authorized to receive the document i.e. the verbal information shall be obliged to receive the submitted document i.e. to register the verbal information.

            (2)        The recipient employee shall, upon a personal verbal request of the plaintiff, certify receipt of the document. No tax shall be imposed on such certification.

            (3)        In case the unit is not authorized to receive the written document, i.e. the registered verbal information, the official person in that unit shall warn the plaintiff thereof and advise him/her on the authorized unit. However, if the plaintiff, despite the warning, requests his/her document to be accepted, the employee shall be obliged to accept such document i.e. verbal information. If the unit finds that it is not authorized to take any action regarding the document, then the unit shall adopt a resolution by which it shall reject the document.

            (4)        If the unit receives a document by mail and it is not authorized for such document, then the unit shall immediately mail the document to the authorized unit or to the court and shall advise the party thereof. In case the unit that received the document cannot determine which unit is  authorized to act according to the document, then the unit shall adopt a resolution and reject the document ad unauthorized. The resolution shall be submitted to the party without a delay.

            (5)        The party shall have the right to lodge an appeal against the resolution stated in paragraphs 3 and 4 above.

            (6)        In case the unit receives a complaint for initiating an administrative procedure by mail, then it shall submit the complaint to the authorized court  immediately and advise thereof the plaintiff.

 

Article 63

 

            (1)        The document shall be clear and include all necessary data so it can be acted in accordance with the request stated in the document. The document shall especially state: the unit to which it was addressed, the subject of the request or the proposal, the name of the legal counsel or authorized person, if any, as well as the name and address of the plaintiff i.e. the legal representative or the authorized person.

            (2)        The plaintiff shall personally sign the document. In exceptional cases, instead of the plaintiff, the document may be signed by the plaintiff’s spouse, either of his/her parents, his/her son or daughter or the attorney that was authorized by the plaintiff to write the document. The person that signed the document instead of the plaintiff shall write his/her full name and address at the end of the document.

            (3)        In case the plaintiff is illiterate or unable to sign the document, then the document shall be signed by a literate person stating his/her full name and address.

 

 

Article 64

 

            (1)        The document may not be rejected only for the fact that it contains formal fault that prevents any action pursuant to the document, or if the document is unclear or incomplete. The unit that received such document shall take all necessary steps to correct the faults and determine a term in which the plaintiff is obliged to remove the fault. The plaintiff may be advised of the faults by phone, or verbally if he/she happens to be present when the unit determines the fault. The unit shall make a note on the document that the plaintiff was advised of the fault.

            (2)        If the plaintiff corrects the faults within the term determined, then the document shall be considered as correct. In case the plaintiff fails to remove the faults within the term determined, thus preventing any action pursuant to the document, the document shall be considered as not submitted. Consequently, the unit shall adopt a resolution against which an appeal can be lodged. The plaintiff shall be explicitly warned against such a consequence in the notice for correction of the fault.

            (3)        If the document was sent by cable or if an information was given by phone and there is any doubt that the document has actually been submitted by the person stated on the document sent by cable, i.e. that the information given by phone was actually given by the person that indicated his/her name, the authorized unit shall administer a procedure to determine these facts. In case the faults are not corrected it shall be acted pursuant to the provisions stated in paragraph 2 to this Article.

 

 

Article 65

 

            If the submitted document states several requests that have to be settled separately,  the unit that receives the document shall administer those requests that are within its authorization. Regarding the remaining requests, the unit shall act pursuant to the provisions of Article 62, paragraph 4 herein.

 

 

2.  Summons

 

Article 66

 

            (1)        The unit that administers the procedure shall be authorized to summon the person that needs to attend during the procedure and resides within the region of the unit. Generally, the purpose of the summons may not be delivery of copies of written decisions and resolutions or giving information. The information may be submitted by mail or some other way which is more convenient for the person to whom the information should be given.

            (2)        In exceptional cases, the person who resides out of the region of the unit may be summoned to participate in a hearing if such summoning would accelerate or facilitate the procedure and if the coming of the summoned person would not cause significant expenses or losing time  for that person.

            (3)        The summoning shall be done by written invitation, unless otherwise stipulated.

 

 

Article 67

 

            (1)        The written invitation shall state: name of the unit that issued the summons, name and address of the summoned person, place, date and, if possible, the hour of his/her coming, the case for which the person is being summoned and in what capacity (as a party, witness, expert legal assessor, etc.) and what documents or evidence the summoned person should bring with him/her. The invitation must state whether the summoned person is obligated to come in person or he/she can send an authorized person to represent him/her. The summons must clearly state that in case the summoned person is prevented to come he/she is obliged to advise the unit that issued the summons. The summoned person must also be warned of the legal consequences in case of not responding to the summons or in case of not informing the unit of his/hers prevention to come.

            (2)        The party may be asked to submit written or other evidence when summoned regarding a hearing or he/she may call witnesses.

            (3)        If the nature of the case allows, the summoned person may, at his preference, submit a written statement, within a determined term, instead of coming personally.

 

 

 

 

Article 68

 

            (1)        The unit shall ask the presence of the summoned person at a time that would not hinder his/her regular work.

            (2)        No person can be summoned during the night, except in urgent cases.

 

 

Article 69

 

            (1)        The summoned person shall be obliged to reply to the summons.

            (2)        In case the summoned person is hindered to come due to illness or other justifiable circumstances, the person is obliged to immediately advise the unit that issued the summons and if such circumstances occurred later, the person shall advise the unit immediately upon the occurrence of such circumstances.

*          (3)        If the person to whom the summons was handed over in person (Article 83) does not respond or gives no justifiable reasons for not responding or not coming, the person may be taken by force and also pay a fine up to 500 denars. Such measures shall be taken only if they were indicated on the summons. In case of additional charges in the procedure due to unjustified absence of the summoned person, such charges may be imposed on the summoned person. The resolution for forced presence or for imposing a fine or payment of charges, shall be passed by the official that administers the procedure in accordance with the official  authorized for adopting the decision, and in case of  an unit asked to help -   in accordance with the supervisor of that unit, i.e. the official authorized to make decisions in such cases. An appeal can be lodged against such resolution.

            (4)        In case a military officer or an employee in the police is summoned and does not respond, the unit shall address the commander of that person and request that he/she be brought. Pursuant to paragraph 3 of this Article, the unit might impose a fine or  order payment of the expenses.

 

 

3.  Records

 

Article 70

 

            (1)        A record shall be made on any hearing or other important activities in the procedure, as well as on important statements given by the parties or third persons in the procedure.

            (2)        Generally, no record shall be made on less important activities and statements of the parties and third persons that do not affect significantly the decision, the administering of the procedure, the information, the official records, verbal instructions and findings, as well as the circumstances that concern only the activities of the unit that administers the procedure. In such cases a note shall be made on the document itself signed by the employee that made the note and the date shall be indicated. No records shall be made on the verbal requests of the parties that shall be settled on the spot. Such requests shall be noted in an appropriate way (Article 292, paragraph 3).

 

 

 

 

 

Article 71

 

            (1)        The record shall include: the name of the unit that performs the activity, the place where the activity is performed, day and hour, the names of the officials and  the parties and their legal representatives or authorized persons that are present.

            (2)        The record shall state correctly and briefly the course and the contents of the procedure, the activities performed and the statements given. The record shall be focused on the subject of the procedure. All documents used for any purpose whatsoever during the hearing shall be entered into the record. If necessary, such documents shall be enclosed to the record.

            (3)        If the statements of the parties, the witnesses, the expert legal assessors that participate in the procedure that are important for the decision, shall be entered into the record, as precisely as possible, and, if necessary, in their  exact words. Any resolution adopted during the procedure shall be entered in the record.

            (4)        If the hearing is performed through a translator, it shall be entered into the records what was the language of the person that gave the statement and who as the translator.

            (5)        The record shall be made during the course of the hearing. If the hearing was not completed the same day, each consecutive day of the hearing shall be entered in the record with all the statements given on the particular day, duly signed.

            (6)        If the activity for which record is made could not be performed consecutively, it shall be entered in the record that the activity was interrupted.

            (7)        If sketches, drawings, photographs designs were made during the course of the activity, they shall be registered and enclosed in the record.

            (8)        Rules may be adopted so that the record on certain activities may be made in the form of a book or other kinds of record keeping.

 

Article 72

 

            (1)        The record shall be clear and nothing may be erased. The paragraphs that have been crossed out shall stay legible and verified by the signature of the official that administers the activities of the procedure.

            (2)        Nothing shall be added or changed in the already signed record. Any additional data may be entered in the supplement of he record.

 

Article 73

 

            (1)        Prior to concluding, the record shall be read to the heard persons and to the other persons that participate in the procedure. The persons shall have the right to look over the record personally and to  give their remarks. At the end of the record it shall be stated that the record has been read and that no remarks were made, or, in case there were any remarks, the text of the remarks shall be entered. The record shall then be signed by the person that participated in the hearing or activity and certified by the official that administered the hearing or activity and by the recording clerk, if any.

            (2)        If the record includes hearings of several persons, each of these persons shall sign under the statement given.

            (3)        If there is confrontation of witnesses,  the persons that were confronted shall sign their statements in the record.

            (4)        If the record contains several pages, each page shall be indicated by a number, and  each page shall be signed by the official that administers the procedure and the person whose statement is written on that page.

            (5)        Any supplement of the record shall be signed and certified.

            (6)        In case the person that has to sign the record is illiterate or is not able to write, the record shall be signed by another person that shall also sign the record. The official that administers the procedure or the record clerk cannot sign the record instead of the illiterate person.

            (7)        In case any of the persons is not willing to sign the record or leaves prior to the conclusion of the record, then this  shall be entered together with the reason for which the record was not signed.

 

 

Article 74

 

            (1)        The record made in accordance with the provisions of Article 73 of this Law shall be considered as public document. The record is a proof of the course and the contents of the procedure and of the statements given, except for those parts of the record on which the person made a remark as not correct.

            (2)        The correctness of the record may be contested.

 

Article 75

 

            (1)        If the decisions in the administrative procedure are adopted by a managing board, the discussion and the voting on the decision shall be entered into special record. In case there is an unanimous decision in a procedure initiated by an appeal, the discussion and the voting may not be entered into a record, but a note shall state that it was an unanimous decision.

            (2)        Apart from the data on the composition of the managing board, the record made on the discussion and the voting shall include the subject of the procedure and  a summary of the decision, as well as different opinions of the members, if any. Such record shall be signed by the president of the managing board and the record clerk.

            (3)        In cases when the Assembly of the Republic of Macedonia or the units of the Self-Government i.e. their executive units are authorized to decide in the administrative procedure, no special record shall be made on the discussion and the voting, but only the resolutions concerning the administrative procedure shall be entered in the record, as well as the other resolutions of the units.

 

 

 

4.  Examination of Documents and Information in the Course of the Procedure

 

Article 76

 

            (1)        The parties shall have the right to examine the documents of the case and to copy the documents they need at their own cost. The examination and the copying of the documents shall be made under the supervision of an official person.

            (2)        Any person who has a justifiable interest to examine the documents shall have the right to do that and copy them at his/her own expense. The public organizations and expert associations, if they have justifiable interest, shall also have the right to examine and copy the documents.

            (3)        The request to examine and copy the documents may be made in person. The unit may require the person to give a written or verbal statement and justify his/hers legal interest. Such statement shall be entered into the record.

            (4)        The following documents shall not be examined or copied: the record on the discussion and voting, official documents and draft decisions, and other documents that are considered  confidential, if such action would frustrate the purpose of the procedure, or if it is against the public interest, or the interest of the party or third persons.

            (5)        The party or any other person that shall have justifiable interest in the procedure, as well as the interested government units shall have the right to get information for the course of the procedure.

            (6)        In case some of the requests stated above have been rejected, a special appeal shall be allowed even in the case when the resolution was not given in written. The appeal may be lodged immediately.

 

 

 

CHAPTER V

 

 

DELIVERY

 

Article 77

 

            (1)        Generally, the delivery of the written document (summons, decision, resolutions and other official documents) shall be done by handing over the document to the person to whom it was addressed.

            (2)        Delivery shall be made by mail or by a process server. The person to whom the document should be delivered may be summoned only in exceptional cases when the nature or the importance of the written document requires that.

            (3)        The way of delivery shall be determined by the unit that issued the written document.

 

 

Article 78

 

            (1)        Delivery shall be made in working days only, and during the day.

            (2)        The unit that issues the written document may deliver it on Sunday or on national holidays, or even during the night on urgent occasions.

            (3)        Delivery by mail may be done on Sundays or on national holidays.

 

Article 79

 

            (1)        Generally, delivery shall be made to the apartment of the person to whom the written document was addressed or to the office or work shop where the person is employed.

            (2)        Delivery may be made out of the premises stated in paragraph 1 to this Article if the person to whom delivery should be made agrees to accept the written document. In case no premises exist, the delivery may be made wherever the person finds himself.

 

 

2.  Indirect Delivery

 

Article 80

 

            (1)        If the person to whom the written document should be delivered is not in his apartment, delivery shall be made to an adult person in his family. In case no one of his family is present, then the delivery shall be made to the housekeeper or to the neighbor if they agree to accept the document.

            (2)        If the delivery is made at the office where the person works, and the person is not present there, delivery shall be made to his/her colleague if the colleague accepts the document. Delivery to an attorney may be done also by submitting the document to the person employed at the attorneys office.

            (3)        The delivery stated in paragraphs 1 and 2 of this Article, cannot be made  to a person that participates in the procedure as an opposed party.

 

Article 81

 

            (1)        If the person to whom delivery should be made is not present and the persons stated in Article 80 herein cannot deliver the written document on time, the document shall be returned to the unit that issued it, stating a note where the person is.

            (2)        If the whereabouts of the person cannot be determined, the unit that issued the  written document shall nominate a temporary legal representative, pursuant to Article 55 of this Law. The written document shall be delivered to the representative.

 

Article 82

 

            (1)        If the delivery cannot be made in the way stipulated in Article 80 of this Law, and it was not determined whether the person to whom the delivery should be made is absent, the process server shall deliver the written document to the authorized unit in the municipality where the person lives, or, if delivery is made by mail, to the post office in the region where the person lives. The process server shall leave a note at the door of the apartment, the office or the work shop informing the person to whom the document should be delivered where he/she left the written document. The process server shall sign the note and state, on the note and on the written document, the reason why he/she delivered it in that way.

            (2)        By putting the note on the door, the delivery shall be considered as executed. If such note was later damaged or torn apart, the document shall still be considered as delivered.

            (3)        The unit that issued the written document shall be informed of the way of delivery stipulated in paragraph 1 above.

 

 

 

 

 

 

3.  Obligatory in Person Delivery

 

Article 83

 

            (1)        In person delivery of written documents shall be made to the person to whom the document was issued in the following cases: if such delivery is stipulated by the present Law or other regulation, if certain term starts to expire form the day of delivery, or if such delivery has specifically determined by the unit that instructed the delivery. If the delivery has to be made to an attorney, the document shall be considered as delivered in person if it was handed over to the employee in the attorney’s office.

            (2)        In case the person to whom the document should be delivered in person is not at his/her apartment, office, work shop or attorney’s office, nor the employees that work there, the process server shall get an information when and where to find him/her. The process server may leave a written information to the persons stated in Article 80 herein, stating the date and hour on which the person should be in his/hers apartment or office in order to receive the written document. If the person to whom the written document should be handed over is not at the apartment or the office at the previously determined date and hour,  the process server shall act in the way stipulated in Article 82 herein and the delivery shall be considered as executed.

            (3)        If the written document is delivered to the legal representative, authorized person or to the person authorized to receive mail (Article 85), the document shall be considered as delivered in person.

 

 

 

4.  Special Cases of Delivery

 

A)        Delivery to the Legal Representative and the Authorized Person

 

Article 84

 

            (1)        The delivery to the legal representative or to the authorized person, if the party has any, shall be made in the way stipulated by the provisions in Articles 77 to 83 of this Law.

            (2)        If several parties have joint legal representative or authorized person for the same case, the delivery for all parties shall be made to the legal representative or authorized person. If the party has several authorized persons, the delivery shall be made only to one of them.

 

 

 

B)        Delivery to the Person Authorized to receive Written Documents

 

Article 85

 

            (1)        The party may authorize a person that shall receive all deliveries. The party shall advise the unit that administers the procedure of the authorization of such person and all deliveries shall be made to that person.

            (2)        The authorized person shall immediately submit to the party any document that he/she receives.

            (3)        In case the direct delivery to the party, to the authorized person or to the legal representative would significantly slowdown the procedure, the official that administers the procedure may instruct the party to assign, within a certain term, an authorized person to receive the written documents in the region of the unit. If the party does not act in accordance with such instruction, the unit may act pursuant to Article 51 of this Law.

            (4)        If the party or its legal representative is out of the country, and has no authorized person in the Republic of Macedonia, at the delivery of the first written document they will  be asked to authorize a person, within certain period, that shall receive the written documents. The unit shall notify the party or the legal representative that if they do not authorize a person that shall receive the written document, such person i.e. temporary representative shall be officially  nominated by the unit.

            (5)        By the delivery of the written document to the person authorized to receive such documents it shall be considered that the delivery was made to the party.

 

 

 

Article 86

 

            (1)        In case more than one party participates in the procedure with the same requests and they have no joint authorized person, they shall be obliged to notify the unit who will be their joint authorized person that will receive the written documents, if possible, within the region of the unit. The party that signed first on the joint document submitted to the unit shall be considered as authorized person until the nomination of a joint authorized person. In case no joint authorized person is nominated, the official that administers the procedure may nominate any party among the joint parties to act as a joint authorized person. In case the number of the parties is large or they come form different places, the parties may nominate i.e. the official may designate more such authorized persons and to determine which parties each of them will represent.

            (2)        The joint authorized person is obliged to inform immediately all the parties for the written document that he/she received and to enable them to see, copy and certify the written document. Generally, the written document should be in the possession of the party.

            (3)        The written document that is delivered to the authorized person shall include the names of all persons to which delivery is made.

 

 

C)        Delivery to the Government Units, Organizations and Communities

 

Article 87

 

            (1)        Deliveries to the government units, organizations and communities shall be made by handing over of the written document  to the official or a person designated to receive written documents, unless otherwise stipulated for certain cases.

            (2)        In case business units, settlements, group of persons and others participate in the procedure (Article 46, paragraph 2), delivery shall be made by handing over of the written document to the person that was nominated by such parties (Article 49, paragraph 4).

            (3)        In case the process server, within a certain time, cannot find a  person  designated to receive the written documents, such documents may be handed over to any of the employees in that unit or organization that will be present there.

 

 

D)        Deliveries to Other Persons

 

Article 88

 

            (1)        Delivery to  persons and institutions abroad, as well as to persons that have a diplomatic immunity shall be made through the  government unit that is authorized for foreign affairs, unless otherwise stipulated by international agreements.

            (2)        Delivery of documents such as: extracts of the registry books, certificates, and other documents issued at the request of citizens of the Republic of Macedonia who live abroad, may be made through the diplomatic and consular offices of the Republic of Macedonia abroad.

            (3)        Delivery to military persons, police officials and employees of the land, river, sea and air transport may be made through the unit or the organization where they are employed.

 

Article 89

 

            (1)        Delivery to persons that are imprisoned shall be made through the administration of the institution they are imprisoned in.

 

 

E)         Delivery by Public Announcement

 

Article 90

 

            If the procedure involves a larger number of persons which are not known to the unit or cannot be determined, the delivery shall be made by a public announcement on the notice board of the unit that issued the written document. Such delivery shall be considered as executed after the expiration of 15 days from the day of putting the announcement on the notice board, unless the unit that issued the written document determines a longer term. Beside putting the announcement on the notice board, the unit may publish the announcement in the newspapers, other media or some other way.

 

 

F)         Refusal of Receipt

 

Article 91

 

            (1)        If the person to whom the written document should be delivered or a member of his family refuses to receive the document, without any legal justification,  or if receipt was rejected by a employee in a government unit, organization or community, or an attorney’s office i.e. if receipt was refused by a person authorized to receive written documents for a settlement, group of persons and other (Article 46, paragraph 2), the process server shall leave the written document at the apartment or the office, or stick it on the door.

            (2)        If delivery was made in the way stipulated in paragraph 1 above, the process server shall note the day, hour and the reason for rejection of receipt, as well as the place where he/she left the written document and the delivery shall be considered as executed.

 

 

G)        Change of Address

           

Article 92

 

            (1)        In case the party or its legal representative changes the address during the course of the procedure, they are obliged to immediately inform the unit that administers the procedure.

            (2)        If such information was not given, and the process server, despite his/her efforts, was not able to locate them, the unit shall determine that all further deliveries for such party in the procedure shall be made by putting the written document on the notice board of the unit that administers the procedure.

            (3)        Delivery shall be considered as executed upon expiration of 8 days after putting the written document on the notice board.

            (4)        In case the authorized person or the person authorized to receive written documents changes the address during the course of the procedure, and fails to advise thereof the unit that administers the procedure, delivery shall be made as if such authorized person was never designated.

 

 

5.  Delivery Note

 

Article 93

 

            (1)        The receipt for executed delivery (Delivery Note) shall be signed by the recipient and the delivery person. The recipient shall put the date of receipt.

            (2)        In case the recipient is illiterate or cannot sign, the delivery person shall write the name of the recipient, the date of delivery and the reason why the delivery note was not signed.

            (3)        In case the recipient refused to sign the delivery note, the delivery person shall write a the reason  why the delivery note was not signed and the date of delivery. Such delivery shall be considered as executed.

            (4)        If delivery was made to some of the persons stated in Article 80 of this Law, the delivery person shall write the name of the person who received the written document and the relation of that person with the person to whom delivery was to be made.

            (5)        If  delivery was made pursuant to Article 86 of this Law, the day of the announcement shall be stated on the delivery note, as well as the day of delivery of the written document to the regional office in the municipalities i.e. to the post office.

 

 

6.         Error in Deliveries

 

Article 94

 

            (1)        In case of an error  in delivery, the delivery shall be considered as executed on the day when the person to whom the written document was addressed actually received the document.

            (2)        If the delivery note is missing, delivery may be proved by other means.

 

 

 

CHAPTER VI

 

 

TERMS

 

Article 95

 

            (1)        Terms may be established for performance of certain actions in the procedure.

            (2)        If such terms are not established by law or other regulations, the official that administers the procedure shall determine the terms depending on the circumstance of the case.

            (3)        The terms determined by the official that administers the procedure and the terms established by the regulations may be extended at the request of the interested party. Such request shall be submitted prior to expiration and the term shall be extended if there  are justifiable reasons.

 

Article 96

 

            (1)        The terms shall be counted in days, months and years.

            (2)        If the term is determined in days, the day on which delivery was executed or the announcement was made, i.e. the day on which the act was performed which should be used as starting point for counting of a term, such day shall not be counted in the term. The day that follows shall be considered as starting point for expiration of the term. If a term is determined in months or years, such term shall expire on the day, month or year that by its number matches that day when the delivery was executed or the announcement was made, i.e. the day on which the act, used as starting point for the term, took place. If such day is not within the last month, the term shall expire on the last day of that month.

            (3)        The expiration of a term may be determined by certain calendar day.

           

 

Article 97

 

            (1)        The beginning and the course of a term shall not be interrupted by the Sundays and the days of the national holidays.

            (2)        In case the last day of the term is Sunday or a day of a national holiday or some other day when the unit that has to perform the action in the procedure does not work, then the term shall expire on the next working day.

 

 

 

 

 

Article 98

 

            (1)        A document shall be considered as submitted in time, if it was received at the adequate unit prior to expiration of the term.

            (2)        If the document was mailed by registered mail or by cable, the day when the document was mailed shall be considered as a day of submission of such document.

            (3)        The day that persons who are in the Army of the Republic of Macedonia submitted the document to the military unit or institution or the Headquarters shall be considered as day of submission to the unit to which it was addressed.

            (4)        The day that imprisoned persons submitted the document to the administration of the institution they are imprisoned in shall be considered as a day of submission to the unit it was addressed to.

            (5)        If the authorized unit determined the day for hearing regarding a document that the party has to submit, and if the party was asked to submit such document within a previously determined term, the unit shall be obligated to consider such document that was received prior to the hearing.

 

 

CHAPTER VII

 

 

RETURN TO A PREVIOUS STEP

 

Article 99

 

            (1)        In case the party, justifiably, did not perform an action in the procedure within a term, and if such omission was the reason for exclusion of the party from that action, the party shall have the right to request and be approved to return to the previous step.

            (2)        The party that omitted to submit a document in time shall be allowed, at his/her proposal, to return to the previous step also in cases when the party unwillingly or by mistake submitted a document by mail or personally to a unit which is not authorized for the case.

            (3)        A return to a previous step shall be allowed in cases when the party made an obvious mistake and failed to submit the document in time. However, if the document was received by the authorized unit within 3 days, at the latest,  upon expiration of the term, the party shall be allowed to return to the previous step in order not to loose some of the rights pertaining to him/her because of the delay.

 

Article 100

 

            (1)        In the proposal to return to the previous step, the party is obliged to state the and justify the circumstances that lead to the delay (Article 162).

            (2)        The proposal to return to the previous step cannot be grounded on circumstances that were previously assessed by the unit as not acceptable for extension of the term or for postponement of the hearing.

            (3)        If the  return to the previous step is requested due to failure to submit certain document, such document shall be enclosed together with the proposal submitted by the party.

 

Article 101

 

            (1)        The proposal to return to the previous step shall be submitted within 8 days counting from the day of the occurrence of the circumstances that lead to the delay, and in case the party realized the omission even later, then counting from the day when he/she learned about the omission.

            (2)        A return to previous step cannot be requested upon expiration of three months from the day of the omission.

            (3)        In case of failing to observe of the term determined for the request to return to previous step, such term cannot be extended.

 

Article 102

 

            (1)        The request to return to the previous step shall be submitted to the unit where the omitted action had to take place.

            (2)        The unit that had to perform the omitted action shall adopt a resolution on the request to return to the previous step.

            (3)        A proposal that was not submitted within the term shall be rejected without further procedure.

            (4)        In case the facts that were used as basis for the proposal are generally known, the authorized unit shall adopt the resolution without a statement and explanation of the party.

 

 

Article 103

 

            (1)        No appeal shall be lodged against a resolution for returning to a previous step, except if the return was approved on the basis of a proposal that was submitted late or ungrounded (Article 101, paragraph 3).

            (2)        A separate appeal can be lodged against a resolution for denial to return to a previous step, only if such resolution was passed by a first instance unit.

            (3)        An appeal cannot be lodged against a resolution for denial to return to a previous step if such resolution was passed by an unit authorized to decide on second instance issues.

 

Article 104

 

            (1)        The proposal for returning to a previous step shall have no influence on the course of the procedure. However, the unit authorized to decide on such proposal may temporarily interrupt the procedure until the resolution regarding a proposal becomes final.

            (2)        In case a return to a previous step is allowed, the procedure shall be returned to that step in which was prior to the omission, and all decisions and resolutions passed by the unit regarding the omission, shall be annulled.

 

 

 

 

 

 

CHAPTER VIII

 

MAINTENANCE OF ORDER

 

 

Article 105

 

            (1)        The official that administers the action of the procedure shall be responsible for the maintenance of order during the work.

            (2)        In that sense, the official shall have the right to warn the persons that interrupt the work and to take the necessary steps for proper maintenance of the order.

            (3)        The persons that participate in an action of the procedure must not carry any weapons or dangerous objects.

 

Article 106

 

            (1)        If any person, despite the warning, keeps disturbing the work and acts indecently during the performance of the action of the procedure, such person may be removed. The person that participates in the action of the procedure may be removed only after a warning that he/she will be removed and after explanation of the legal consequences of such act. A removal, resulting from a disturbance of the order or indecency, shall be determined by the official that administers the action of the procedure.

            (2)        If any of the parties removed on the basis of the provision stated in paragraph 1 above, has no authorized person, or if the authorized person is removed and the authorizer is not present, the official that administers the action of the procedure shall ask the person that is being removed to designate his/her authorized person. If  such person fails to give authorization, the official may postpone the action and the person that refused to give authorization shall be responsible for the charges. The official shall have the right to designate an authorized person if it considers it necessary. Such authorized person may represent the party only for that action of the procedure when the party was removed.

 

Article 107

 

            (1)        Any person that causes a major disturbance of the order or a serious inconvenience, may, besides the removal, be punished with a fine of up to 5.000 denars.

            (2)        Such penalty shall not exclude the criminal or disciplinary responsibility.

            (3)        The penalty stated in paragraph 1 above may be imposed on a person that, by his/hers submitted document,  shall cause a serious violation of the customary conduct towards the unit or the official that administers the procedure.

 

Article 108

 

            (1)        The pecuniary penalty imposed for actions stated in Article 107, paragraph 1 of this Law, shall be determined by the official that administer the action of the procedure, and the penalty imposed for actions stated in Article 107, paragraph 3 shall be determined by the unit that administers the procedure.

            (2)        A separate appeal may be lodged against the resolution to impose a penalty. The appeal against a resolution  to impose a penalty  for disturbance of the order,  shall not postpone the execution of the penalty.

 

 

 

CHAPTER IX

 

 

EXPENSES OF THE PROCEDURE

 

1.  Expenses of the Unit and the Parties

 

Article 109

 

            (1)        The special expenses in cash of the unit that administers the procedure, such as: travel expenses of the officials, the expenses for witnesses, legal assessors, translators, inspectors and other, that occurred during the administering of the procedure regarding an administrative issue shall be generally covered by those persons who instituted the whole procedure.

            (2)        In case the person that participates in a procedure, by his/hers own guilt or impudence, causes expenses in certain actions of the procedure, such person shall be responsible for covering of the expenses.

            (3)        If the procedure was initiated by official duty and if such procedure was completed favorably for the party, the expenses of the procedure shall be covered by the government unit that initiated the procedure.

 

Article 110

 

            (1)        Generally, each party shall cover his/her own expenses that occurred during the procedure, such as: travel expenses, loss of working days, expenses for taxi, legal representatives and expert advise.

            (2)        If two or more parties having opposed interests are involved in the procedure, the party that initiated the procedure and lost the case, shall compensate the expenses for the opposed party to a reasonable extent. In case some of the parties partly succeeds in their request, that party shall  compensate for the expenses of the opposed party proportionally to that part of the request that such party did not succeed. The party that by rudeness caused expenses to the opposed party in the procedure, shall be obliged to compensate such expenses to the other party.

            (3)        The expenses for legal representation shall be compensated only in cases when such representation was necessary and justified.

            (4)        The request for compensation of the expenses, pursuant to the provisions of paragraphs 2 and 3 of this Article, must be lodged on time so that the unit that administers the procedure may decide on such request together with the final decision. The official that administers the procedure is obliged to inform the party to make the request for compensation in time.

            (5)        Each of the parties shall cover their own expenses if the procedure was solved by settlement, unless otherwise stipulated by the settlement agreement.

            (6)        The expenses of the party and other persons caused in a procedure instituted officially or for the public interest, and such expenses were not caused by the conduct of the party i.e. the other persons, shall be covered by the unit that instituted the  procedure.

 

Article 111

 

            The expenses of the procedure regarding the implementation shall be covered by the party that lost the case. If such expenses cannot be charged from the party that lost the case the expenses shall be covered by that party that initiated the procedure.

 

Article 112

 

            If the procedure is initiated at the request  of the party and it can be anticipated with certainty  that such procedure shall cause special cash expenses (regarding the control, legal assessment, arrival of witnesses, etc.), the unit that administers the procedure may adopt a resolution according to which the party shall be obliged to deposit in advance an adequate amount of money that shall cover such expenses. If the party does not deposit that amount within a determined term, the unit may cancel research regarding the evidence or may cancel the procedure, unless further performance of the procedure is in the public interest.

 

Article 113

 

            (1)        The unit that administers the procedure shall determine  who shall cover the charges of the procedure, the amount of the expenses and the term for payment of the expenses. All this shall be included in the final decision that completes the procedure.

            (2)        The final decision shall also state whether the person that will cover the expenses shall also compensate the  expenses of the other party (Article 110, paragraphs 2 and 3).

            (3)        In case the expenses of the procedure have to be covered by several persons, such expenses shall be divided equally among them, i.e. according to adequate proportions.

            (4)        In case the unit does not decide on the expenses, it shall make a note in the final decision that special resolution shall be adopted regarding the expenses.

 

Article 114

 

            (1)        The witnesses, legal assessors, interpreters and officials shall have the right to compensation of their expenses, such as: travel expenses, food and accommodation, and compensation of their daily allowance. The legal assessors and the interpreters, beside compensation of the expenses, shall have the to a special fee.

            (2)        The witnesses, legal assessors and interpreters shall make their requests for compensation i.e. fee at the hearing, interpretation or during the expertise assessment. Otherwise they will loose that right. The official that administers the procedure shall inform the witnesses, the legal assessor or the interpreter of that possibility.

            (3)        The amount of the compensations shall be determined by a special resolution of the unit that administers the procedure. Such resolution  shall also state who is responsible to pay the compensations and what is the term for payment. A separate appeal may be lodged against such resolution. The implementation shall be a based on the resolution.

 

Article 115

 

            (1)        The compensation for the expenses of the witnesses, legal assessors and interpreters, i.e.  the special fees of the legal assessors and interpreters, the way of payment and collection of the compensation and fees, as well as exemption from payment of expenses shall be determined in accordance with the regulations of the Republic.

            (2)        Regarding the compensations of the officials, the regulations that refer to such persons shall be applied.

 

 

2.   Exemption from Payment of Expenses

 

Article 116

 

            (1)        The party may be, partly or completely, exempted from payment of the expenses if the unit that administers the procedure finds that the party cannot cover such expenses without prejudice to the essential support of the party and his/her family. On the proposal of the party, the unit shall adopt a resolution on the exemption,  using the certificate on the possessions and earnings of the party. Such certificate shall be issued by the authorized municipality administrative unit or the regional office of the authorized government unit.

            (2)        The exemption from payment of expenses shall refer to exemption from taxes, charges of the unit that administers the procedure, as well as the traveling expenses of the officials, expenses for the witnesses, legal assessors, interpreters, control, advertisements, etc. and exemption from advance deposit covering the expenses.

            (3)        The foreign citizens shall be exempted from payment of the expenses only on the condition of reciprocity. In case of any doubt regarding the existence of the reciprocity, an opinion shall be given by the administrative unit authorized for foreign affairs. Regarding the request for an opinion, the provisions of Article 38, paragraph 4 shall be valid.

 

Article 117

 

            The unit that administers the procedure may cancel, during the course of the procedure, its resolution on exemption of the party for covering of the expenses if the unit determines that the reasons for such exemption of the party no longer exist.

 

Article 118

 

            The party shall have the right to lodge a separate appeal against the resolution by which the unit rejected exemption of the party of covering  the expenses, as well as against the resolution stated in Article 117 of this Law.

 

 

 

 

 

SECOND PART

 

 

FIRST INSTANCE PROCEDURE

 

CHAPTER X

 

 

INSTITUTION OF THE PROCEDURE AND REQUESTS OF THE PARTIES

 

1.  Institution of the Procedure

 

Article 119

 

            The administrative procedure shall be instituted by the authorized unit according to an official duty or on request of the party.

 

 

Article 120

 

            (1)        The authorized unit shall institute a procedure by official duty in cases stipulated by law or rules based on law and in cases when it finds that the existing circumstances are such that impose institution of a procedure in order to protect the public interest.

            (2)        In case of instituting an administrative procedure by official duty, the authorized unit shall take into consideration the documents submitted by the citizens and organizations, if any, and the warning of the unit.

 

Article 121

 

            (1)        The administrative procedure shall be considered as instituted if the authorized unit performed any act with the purpose to administer the procedure.

            (2)        If the authorized unit determines that according to the existing regulations the request of the party is not grounded and there are no conditions for instituting a procedure, the unit shall adopt a resolution. A separate appeal may be lodged against such resolution.

 

Article 122

 

            In cases when, pursuant to the law or the nature of the issue, a request for instituting and administering a procedure must be presented by a party, the authorized unit may institute and administer a procedure only if such request exists.

 

 

 

 

 

 

2.  Joining of Issues into one Procedure

 

 

Article 123

 

            (1)        If the rights or responsibilities of the parties are based on the same or similar circumstances and facts and on the same legal grounds, and if the unit that administers the procedure has a genuine authority, then one procedure may be instituted and administered even if such procedure will cover the rights and responsibilities of several parties.

            (2)        One or more parties, under the same conditions,  may present more different requests in one procedure.

            (3)        In such cases, the authorized unit shall adopt separate resolution for administering of one procedure. An appeal may be lodged against such resolution, unless the resolution was adopted by the second instance unit.

 

Article 124

 

            The authorized unit may institute an administrative procedure by public announcement against larger number of persons that are unknown to the unit or cannot be determined, and such persons may have the status of parties in the procedure, if the request against them is basically the same.

 

Article 125

 

            (1)        In case one procedure is administered, as stated in Article 123 above, or if the procedure was instituted by a public announcement, as stated in Article 124 of this Law, each of the parties shall act independently in the procedure.

            (2)        The resolutions adopted in such procedure by which certain measures shall be taken against the parties, must clearly state what measures shall be valid for each of the parties, unless if the parties jointly participate in the procedure with identical requests or if otherwise stipulated by law.

 

 

3.  Amendment of the Request

 

Article 126

 

            (1)        The party may, even after the institution of the procedure, but prior to the final decision of the first instance unit,  supplement the request, or present a new request instead of the previous one, notwithstanding whether such supplemented or amended  request is based on the same legal grounds, however,  on the condition that such request has essentially the same circumstances and facts as a basis.

            (2)        The unit that administers the procedure shall adopt a resolution in case it does not allow the request to be supplemented or changed. An appeal may be lodged against such resolution.

 

 

 

 

 

4. Abandonment of a Request

 

Article 127

 

            (1)        The party may abandon his/her request during the course of the whole procedure.

            (2)        If the procedure has been instituted by request of the party and the party abandons his/hers request, the unit that administers the procedure shall adopt a resolution for cancellation of the procedure. The opposed party, if any, shall be advised of the cancellation of the procedure.

            (3)        In case further administering of the procedure is necessary for the public interest, or if the opposed party requests further administering of the procedure, the authorized unit shall continue administering the procedure.

            (4)        In case the procedure was instituted by official duty, the unit may cancel the procedure. If such procedure could have been instituted by request of a party, the procedure shall continue if the party requests that.

            (5)        An appeal may be lodged against a resolution to cancel the procedure.

 

Article 128

 

            (1)        The party shall abandon his/her request by a statement given to the unit that administers the procedure. The party may revoke the abandonment of the request until the moment the unit adopts a resolution for cancellation of the procedure and informs the party of such resolution.

            (2)        Certain acts or omissions of the party may be considered as his/her abandonment of the request, only in cases when this is stipulated by law.

            (3)        In case the party abandoned its request after the final decision has been made by the first instance unit, and prior to expiration of the term for an appeal, the resolution for cancellation of the procedure shall annul the final decision of the first instance unit, only if such decision was made, completely or partly, in favor of the party. If the party abandoned its request after lodging an appeal, and prior to the decision was made regarding the appeal, the resolution for cancellation of the procedure shall also annul the final decision of the first instance unit by which the request of the party was, partly or completely, settled in favor of the party, if the party completely abandoned the request.

 

Article 129

 

            The party that abandoned the request shall be obliged to cover all expenses that occurred up to the moment of the cancellation of the procedure, unless otherwise stipulated by special regulations.

 

5.  Settlement

 

Article 130

 

            (1)        In case two or more parties participate in the procedure having opposed requests, the official that administers the procedure shall endeavor, during the course of the whole procedure, to arrange a settlement of the parties, completely or at least on certain controversial issues.

            (2)        The settlement  must always be precise and clear and not against the public interest,  ethics or the legal interests of third persons. The official person that administers the procedure shall be obliged to observe the above conditions. In case it is determined that the settlement was made against the public interest, ethics or against the legal interests of third persons, the unit that administers the procedure shall reject such settlement and adopt a special resolution.

            (3)        The settlement shall be entered into a record. The settlement shall be considered as concluded when the parties, after the record on the settlement has been read to them, sign the record. The certified copy of the record shall be submitted to the parties if they ask for it.

            (4)        The settlement shall have the effect of an executive decision in the administrative procedure.

            (5)        The unit that arranged the settlement shall adopt a resolution by which, if necessary,  the procedure shall be partly or completely canceled.

            (6)        In case the resolution for cancellation, i.e. continuation of the procedure is not in accordance with the settlement, an appeal may be lodged against such  resolution.

 

 

CHAPTER XI

 

THE COURSE OF THE PROCEDURE PRIOR TO ADOPTING THE FINAL DECISION

 

A.  General Principles

 

1.  General Provisions

 

Article 131

 

            (1)        All facts and circumstances relevant for the final decision shall be determined prior to making the final decision. The parties shall be allowed to exercise and protect their rights and legal interests.

            (2)        This can be done in a shortened procedure (urgent procedure) or in a special investigation procedure.

           

Article 132

 

            (1)        The official person that administers the procedure may, during the course of the whole procedure,  supplement the facts and derive evidence of those facts that were previously not presented or have not been determined with certainty.   

            (2)        The official person that administers the procedure shall instruct by official duty derivation of each piece of evidence if he/she finds it necessary for clarification of the case.

            (3)        The official person that administers the procedure shall officially gather all data and facts which can be found  in the official records of the unit that is authorized to adopt a decision. The official shall also gather data that are officially recorded by other government units, organizations and communities.

 

Article 133

 

            (1)        The party shall be obliged to present precisely, correctly and truly all facts which represent a basis for his/her request.

            (2)        In case the facts are not generally known, the party shall be obliged to give evidence and, if possible, present exhibits for his/her allegations. If the party does not present the evidence and exhibits, the official that administers the procedure shall ask the party to do that. The party shall not be asked to present evidence which can be more efficiently and easily gathered by the unit that administers the procedure, nor to present certificates which the units are not obliged to issue, pursuant to Article 168 of this Law.

            (3)        In case the party  does not present the evidence within the additionally granted term, the unit shall not have the right to reject the request of the party as if it were not presented (Article 64, paragraph 2), but it shall be obligated to administer the procedure and to adopt a final decision in accordance with the rules of the procedure.

 

Article 134

 

            (1)        Generally, the party shall make the statements verbally. However, the party may make written statements.

            (2)        If the case is complex or if extensive expert explanation is needed, the official that administers the procedure may instruct the party to submit a written statement, within a resonable term. In such cases the party shall also have the right to ask for a permission to submit written statement.

            (3)        If the party was instructed or allowed to submit a written statement, such party shall not be deprived of the right to make a verbal statement as well.

 

Article 135

 

            If, during the course of the procedure, a person that previously did not participate in the procedure as a party requests to participate in the procedure as a party, the official that administers the procedure shall  examine the person’s right to act as a party and adopt a resolution. An appeal may be lodged if the resolution does not allow such capacity to that person.

 

Article 136

 

            The official that administers the procedure shall be obliged to inform the party about his/her rights in the procedure and to indicate the legal consequences regarding his/her actions or omissions in the procedure.

 

 

2.  Shortened Procedure (Urgent Procedure)

 

Article 137

 

            (1)        The unit may directly settle the issue in a shortened (urgent) procedure if:

 

            1)         the party furnished facts or evidence in the request that will serve as a basis for determining the actual situation of the issue or if such position may be determined on the basis of generally accepted facts or facts that are known to the unit;

            2)         the actual situation may be determined on the basis of official data that are handled by the unit and there is no need for special testimony of the party for the purpose of protection of his/her rights or legal interests;

            3)         there are cases, stipulated by regulations, pursuant to which the issue may be solved on the basis of facts or circumstances that are not completely proven or such facts and circumstances may be proven only indirectly, so that the facts and circumstances shall be considered as probable, and all the circumstances lead to the conclusion that the request of the party should be solved positively;

            (4)        there is a need to undertake urgent measures to protect the public interest, and the facts that should be used as a basis for adopting the decision have been already determined or, at least, justified.

 

            (2)        The decisions stated in item 1 and 2, paragraph 1 to this Article may be processed by a computer.

 

 

3.  Special Investigation Procedure

 

Article 138

 

            (1)        A special investigation shall be administered when certain facts and circumstances have to be determined that are significant for clarification of the case or in order to give the parties a chance to  exercise and protect their rights and legal interests.

            (2)        The course of the investigation procedure shall be determined by the official that administers the procedure, depending on the circumstances of each individual case, in accordance with the provisions of this Law and the regulations  that refer to the specific case.

            (3)        Within these limits, the official that administers the procedure shall: decide what activities shall be executed in the procedure and give orders for their execution; determine the schedule  for execution of certain actions and the terms for their execution, unless the terms have been previously determined by law; set up hearings and interrogations and make all arrangements needed; decide which evidence and exhibits shall be used; and decide on all proposals and statements.

            (4)        The official that administers the procedure shall decide whether the hearing and evidence shall be made separately on each individual disputable issue or jointly for the whole case.

 

Article 139

 

            (1)        The party shall have the right to participate in the investigation and, for the purposes of the procedure, give necessary data, as well as protect the rights and interests pertaining to him/her according to the law.

            (2)        The party may present facts that might have influence on the final outcome of the case and contest the allegations that are not in accordance with his/her testimony. The party shall have the right, up to the moment of the final adoption of the decision, to supplement and elaborate his/hers allegations, and, if this is done after the hearing, the party shall be obliged to justify the reasons for not doing so on the hearing.

            (3)        The official that administers the procedure shall be obliged to give the possibility to the party to: elaborate on all circumstances and facts that have been furnished during the investigation and on the proposals and presented evidence; participate in presentation of the evidence and ask the other parties, witnesses and legal assessors through the official that administers the procedure, or, by consent of the official, ask the questions directly, as well as learn about the results of the presentation of the evidence, and give his/her opinion. The  authorized unit shall not adopt a decision prior to giving the party an opportunity to elaborate on the facts and circumstances that are relevant for the decision  if the party was not previously given the chance to give his/her opinion on such facts and circumstances.

 

4.   Previous Issue

 

Article 140

 

            (1)        If the unit that administers the procedure finds an issue that is essential for the adoption of the decision, and such issue shall represent an independent legal issue that has to be decided  by an authorized court or unit (previous issue), the unit may, pursuant to the provisions of this Law, decide on that issue alone, or interrupt the procedure until such issue has been decided by an authorized unit. A resolution shall be adopted for the interruption of the procedure. An appeal may be lodged against such resolution, unless the resolution was adopted by an appellate unit.

            (2)        If the unit adopted a decision on the previous issue, such decision shall have legal effect only in the case for which it was adopted.

            (3)        In case of criminal act and criminal responsibility of the offender, the unit that administers the procedure shall be obligated by the legally valid verdict of the criminal court by which the defendant was found guilty.

 

 

Article 141

 

            (1)        The unit that administers the procedure must interrupt the procedure if the previous issue refers to a criminal act, existence of marriage,  identification of paternity or in  cases established by law.

            (2)        If the previous issue refers to a criminal act, and there is no possibility for criminal prosecution, the unit that administers the procedure shall decide on the issue.

 

 

Article 142

 

            If there is no need to interrupt the procedure due to previous issue, as stated in Article 141 in this Law, the unit that administers the procedure may consider the previous issue and adopt a decision as a part of the remaining case.

 

Article 143

 

            (1)        If the unit that administers the procedure does not consider the previous issue as stated in Article 146 in this Law, and the procedure for deciding on the previous issue, that can be administered only officially, has still not been initiated by the authorized body, the unit shall require institution of  a procedure by the authorized unit.

            (2)        In case the party requests adoption of a decision regarding a previous issue, the unit that administers the procedure may adopt a resolution and instruct one of the parties to request institution of a procedure by the authorized body for deciding on the previous issue. The unit shall determine a term in which the party shall be obliged to submit the request and present an evidence for such request. The unit that administers the procedure shall inform the party on the consequences if the party fails to act pursuant  to the instruction. The term for instituting a procedure for a previous issue shall start to expire from the day  when the resolution becomes effective.

            (3)        In case the party does not present an evidence that he/she requested  institution of a procedure regarding a previous issue, it shall be considered that the party abandoned the request for the procedure and the unit that administers the administrative procedure shall cancel the procedure. If the opposed party did not act pursuant to the instructions, the unit shall continue the procedure and adopt a decision regarding the previous issue.

            (4)        An appeal may be lodged against the resolution adopted pursuant to paragraph 2 of this Article.

 

Article 144

 

            The procedure that was interrupted because of a previous issue that had to be decided by the authorized unit, shall be resumed after the decision becomes final and valid.

 

 

 

5.   Hearing

 

Article 145

 

            The official that administers the procedure shall set up, by his own initiative or on proposal of the party, a hearing  whenever this would be useful for clarification of the case. A hearing must be set up in cases when:

            1)         there are two or more parties in the case having opposed interests; or

            2)         the witnesses or legal assessors should be interrogated i.e. present their legal assessments.

 

Article 146

 

            (1)        The hearing shall be public.

            (2)        The official that administers the procedure may close the hearing for the public, completely or partially, if:

                        1)         there are ethical reasons or for protection of the public security;

                        (2)        there is a serious and direct danger that the hearing shall be jeopardized;

                        (3)        the relations in certain family matters are to be heard;

                        (4)        the circumstances that have to be heard are considered to be official, business,                           professional, scientific or artistic secret.

            (3)        The proposal for closing the hearing for the public may be given by the interested party.

            (4)        A resolution shall be adopted for closing the hearing for the public. Such resolution shall be elaborated and given in public.

            (5)        The resolution shall obligatorily be public.

 

Article 147

 

            (1)        The hearing shall not be closed for the parties, their authorized persons and expert advisors.

            (2)        The official that administers the procedure may allow presence of certain officials, experts and public figures at a closed hearing if this is in the interest of their work. The official that administers the procedure shall inform these persons that they are obliged to consider the hearing as confidential.

 

Article 148

 

            (1)        The unit that administers the procedure shall be obliged to make all necessary arrangements to set up the hearing on time and, if possible, without interruptions.

            (2)        The persons that shall be summoned to the hearing must be allowed a sufficient period of time in order to prepare for the hearing and come on time without additional expenses. Generally, the summoned persons shall have a period of 8 days from the submitting of the summons to the hearing.

 

Article 149

 

            If certain designs, documents and objects are to be presented on the hearing, such objects shall be put at disposal for the summoned persons. The time and place when such objects can be examined shall be clearly stated on the summons.

 

Article 150

 

            (1)        The hearing shall be made public by the unit that administers the procedure when: there is a possibility that certain summons could not be submitted on time, there is a probability that there are interested persons that could be parties or there are some other similar reasons.

            (2)        The public notification of the hearing shall include all data that have to be stated on the summons, as well as an invitation for anyone who considers that the case refers to his/her legal interests. Such notification shall be made in the way stipulated by Article 94 in this Law.

 

Article 151

 

            Generally, the hearing shall be held at the offices of the unit that administers the procedure. In case of inquiry on the spot, the hearing may be held at the place of the inquiry. The unit that administers the procedure may determine another place for the hearing if this would decrease the expenses and contribute to efficient and easy handling of the case.

 

Article 152

 

            (1)        At the opening of the hearing, the official that administers the procedure shall determine who of the summoned persons is present. In case there are absent persons, the official shall check whether the summons were duly submitted.

            (2)        In case some of the parties that have not been previously heard (interrogated) do not come to the hearing and it cannot be determined whether the summons was delivered correctly, the official who administers the procedure shall postpone the hearing. The hearing shall not be postponed in cases when it was made public in time.

            (3)        If the party that requested institution of the procedure does not come to the hearing, although he/she was duly summoned, and  the circumstances clearly imply that the party abandoned the request, the unit that administers the procedure shall cancel the procedure. An appeal may be lodged against the resolution for cancellation. In case it cannot be assumed whether the party abandoned the request, or whether the procedure has to be officially continued in the public interest, the official, depending on the facts of the case, shall carry out the hearing without that person or postpone the hearing.

            (4)        If the party against which the procedure was instituted does not come to the hearing, although he/she was duly summoned, the official who administers the procedure may carry out the hearing without the party or may postpone the hearing, at the party’s expense, if this is necessary for solving the case.

 

Article 153

 

            (1)        If the party, despite the information on the consequences, does not give any comments during the hearing, it shall be considered that the party has no comments. If the party gives comments after the hearing, the unit that administers the procedure shall take such comment into consideration if this would have an effect on the procedure and the decision, and if such comment was not given after the hearing only to delay the procedure.

            (2)        In case the party that was summoned by public notification did not come to the hearing, and gives his/her comments after the hearing, such comments shall be taken into consideration only on the condition stated in paragraph 1 of this Article.

 

Article 154 

 

            (1)        The facts relevant for the investigation shall be considered and determined at the hearing.

            (2)        If the facts cannot be presented and considered in one hearing, the official who administers the procedure shall interrupt the hearing and schedule another one as soon as possible. The continuation of the hearing shall be made in accordance with the provisions for setting up of hearings and such provisions may be verbally announced to the persons present at the hearing. The time and place of the continuation of the hearing shall be also announced. When opening the continuation of the hearing, the official shall give a summary on the previous course of the hearing.

            (3)        If written evidence should be presented additionally, there shall be no need to schedule another hearing. However, the party shall have the possibility to give comments on the evidence.

 

 

B.   Presentation of Evidence

 

1.  General Provisions

 

Article 155

 

            (1)        The facts relevant for making the decision shall be established by presentation of evidence.

            (2)        Anything appropriate for determining the circumstances shall be used as evidence. Such evidence may be: personal identification documents, i.e. a microfilm copy of the document or photocopy of the document, witnesses, testimony of the party, legal assessors, inquiries.

 

 

Article 156

 

            (1)        The official that administers the procedure shall determine whether certain fact should be substantiated by evidence or not, depending on the importance of such fact for the final decision. Generally, evidence shall be presented in cases when the facts are disputable and need to be proven.

            (2)        There shall be no need to prove facts that are generally known.

            (3)        Also, there is no need to prove facts that are presupposed by the law. However, it is not allowed to prove the nonexistence of such facts, unless otherwise stipulated by law.

 

Article 157

 

            In case it is not possible to present evidence at the unit or if such presentation implies loss of time or large expenses, certain facts may be proven by another unit asked for assistance in such cases.

 

Article 158

 

            If, pursuant to the regulations, the case may be solved on the basis of facts or circumstances that are not fully substantiated by evidence or the evidence only party proves the facts (possible facts and circumstances), the presentation of evidence shall not be connected to the stipulations of this Law.

 

Article 159

 

            (1)        In case the unit that administers the procedure is not familiar with the rules and regulations valid in the foreign country, the unit may get information with the unit authorized for legislature.

            (2)        The unit that administers the procedure may ask the party to submit a document issued by the foreign agency that shall confirm what law is valid in the foreign country. Unless otherwise stipulated by international agreements, it shall be allowed to prove the foreign law that is contrary to such document.

 

 

2.  Documents

 

Article 160

 

            (1)        The document issued in the proper legal form by the authorized government unit, which can be adapted for computer processing, as well as the document issued in such form by an organization or community that performs its activities on the basis of official authorizations (official document), shall prove the facts that are certified or established by the document.

            (2)        Evidences presented in the form of microfilm copy or photocopy of the document shall be considered as equal to the documents stated in paragraph 1 herein, if such microfilm copy or photocopy of the document was issued by an authorized government unit, i.e. organization or community that performs its activities on the basis of official authorizations.

            (3)        It shall be allowed to prove that the document, i.e. the microfilm copy or photocopy of the document certifies facts that are not true or that the document itself or the microfilm copy or photocopy of the document has been incorrectly issued.

            (4)        It shall be allowed to prove that the microfilm copy or photocopy of the document is not true to the original.

 

 

 

 

 

 

Article 161

 

            If certain parts of the document have been crossed out, erased or inserted, or if there are some other obvious additional corrections on the document, the official that administers the procedure shall assess whether and to what extent such document presented as evidence is invalid, or  the document is completely unacceptable to be presented as  evidence.

 

Article 162

 

            (1)        The documents that are to be used as evidence shall  be submitted by the parties or shall be acquired by the unit that administers the procedure. The party may present the hard copy of the document, the microfilm copy or photocopy of the document, the certified copy or plain copy of the document. If the party presents a certified copy of the document, the official that administers the procedure may ask the party to show the original document. If the party presents a plain copy of the document, the official shall determine whether the copy is true to the original. The microfilm copy or photocopy of the document that has been duly issued by the authorized unit or by the organization or community that performs its activities on the basis of official authorizations, shall be valid as evidence in the administrative procedure and shall be equal to the original document, as stated in Article 160, paragraph 1 of this Law.

            (2)        In case certain facts or circumstances have been already established by the unit that was authorized to do so, or if such facts and circumstances are clearly proven by the document (such as personal identification card, and extract of the Registry Book), the unit that administers the procedure shall consider the facts and circumstances as already proven. If the issue refers to acquiring or loosing certain rights, and there is a probability that such facts and circumstances have been changed, or have to be proven on the basis of special rules, the official that administers the procedure shall ask the party to furnish separate evidence for such facts and circumstances or the unit may acquire them by itself.

 

Article 163

 

            (1)        The official that administers the procedure may invite the party that cites a certain document as evidence to present such document if he/she is in possession of such document or if  he/she can acquire it.

            (2)        If such document is in possession of the opposed party, and the party is not willing to present or show it, the official person that administers the procedure shall invite that party  to present or show the document at the hearing so that the other parties may give comments.

            (3)        If the party invited to present or show such document fails to act according to the instruction, the unit that administers the procedure, considering all circumstances of the case, shall evaluate the significance of such document for the final decision of the case.

 

Article 164

 

            If the document that has to be presented as evidence can be found with certain government unit, organization or community that has official authorization to decide on administrative issues, and the party that cited such document was not able to provide it, the unit that administers the procedure shall officially provide such document.

 

Article 165

 

            (1)        If the document is in possession of a third party, and such party is not willing to show it voluntarily, the unit that administers the procedure shall adopt a resolution and invite such person to show the document, so that the parties may give their comments.

            (2)        The same reasons given when refusing to testify may be stated when refusing to present the document.

            (3)        The same procedure shall be taken against a person that unreasonably refuses to show the document as  against a person that refuses to testify.

            (4)        The third party shall have the right to appeal against the resolution that instructs him/her to show the document, as well as against the resolution for penalty due to refusal to show the document. Such appeal shall postpone the implementation of the resolution.

            (5)        The party that cites a document as evidence that is in possession of third party shall be obliged to cover the expenses of the third party regarding the presentation of the document.

 

 

Article 166

 

            (1)        According to the Constitution of the Republic of Macedonia, the laws, the statutes of the municipalities and the city communities, the party shall have the right to present documents in the language of the nation, i.e. the minority group he/she belongs to (Article 15).

            (2)        The documents that have been issued in foreign language shall be submitted, if necessary, together with a certified translation.

            (3)        The documents issued by foreign agencies, which are valid as official documents in the country they were issued, shall have, in accordance with the conditions of reciprocity, the same probatory force as the local official documents, if they are legally certified.

 

 

 

 

 

 

2.   Certificates

 

Article 167

 

            (1)        The government units shall issue certificates or other documents (certificates, attestations) to prove the facts that are officially filed.

            (2)        Under the conditions stated in paragraph 1 above, the organizations and communities shall issue certificates or other documents on the facts regarding the activities they perform pursuant to their official authorization.

            (3)        The certificates or other documents that prove the facts which are officially filed, shall be issued in accordance with the data stated in the official files. Such certificates or  other documents shall have the validity of an official document.

            (4)        Official files shall mean the files that have been established by rules, i.e. by general rules and regulations of the organization or the community that has official authorizations.

            (5)        The certificates or other documents on the facts that are officially filed, shall be issued on verbal request of the party, usually, on the same day when the party requested such certificate or other document, and latest by 15 days, unless the rule referring to the official files stipulates otherwise.

            (6)        If the units stated in paragraph 1 and 2 of this Article, refuse the request for issuance of a certificate or other document, they shall be obliged to adopt a separate resolution on that. If the units do not issue a certificate or other document within 15 days from the day of the request, or they  do not adopt a resolution and submit it  to the party, it shall be considered that the request has been rejected.

            (7)        If the party, on the basis of evidence, considers that the certificate or other document has not been issued in accordance with the data listed in the official files, the party may request correction of the certificate or other document. The unit shall be obliged to adopt a resolution in case it refuses the request of the party to correct the certificate or issue a new certificate or other document. In this case, also, the new certificate or other document shall be issued within 15 days from the day of the request. If the new certificate or other document was not issued within this term it shall be considered that the request was refused.

 

Article 168

 

            (1)        The government units, i.e. the organizations and communities shall issue the certificates or other documents regarding facts that are not filed officially if this possibility is stipulated by law. In such cases the facts shall be determined in accordance with the procedure established by the provisions of this Chapter.

            (2)        The certificate or other document issued in the way stipulated in paragraph 1 of this Article, does not obligate the unit to which the certificate was presented as evidence to take the facts as granted. This unit may redefine the facts stated in the certificate or other document.

            (3)        The certificate or other document shall be issued to the party, i.e. the resolution regarding the refusal of the party’s request shall be adopted and submitted within 30 days from the day of the request. Otherwise, the request of the party shall be considered as refused.

 

 

 

 

 

3.   Witnesses

 

Article 169

 

            (1)        A witness may be any person who was capable of noticing the fact and give a testimony regarding that fact.

            (2)        The person that participates in the procedure in the capacity of an official cannot be a witness.

 

Article 170

 

            Any person asked to act as a witness shall be obliged to respond to the summons and testify, unless otherwise stipulated by this Law.

 

 

Article 171

 

            Any person that by his/her testimony would violate the duty to keep an official, state or military secret cannot be interrogated as witness until the moment such person is freed from the duty by the authorized unit.

 

Article 172

 

            (1)        The witness may refuse to testify if:

 

1)         by giving certain answers the witness would disgrace himself or cause significant  material loss or criminal action against him/her, his/her close relative (blood relative) or third cousin, his/her spouse or the spouse’s relative up to second cousin, even in cases when the marriage was divorced, as well as to his/her guardian or foster child or adoptive parent or child;

2)         by giving certain answers he/she would violate the obligation i.e. the right to keep a business, professional, scientific or artistic secret;

3)         he/she has to testify on facts that the party confided to him/her as an authorized person;

4)         the witness is a religious confessor to whom the party confessed certain facts.

           

            (2)        The witness may be relieved of the duty to give a testimony on certain other facts if he/she provides acceptable reasons. If necessary, the witness shall have to furnish evidence to prove such reasons.

            (3)        The witness may not refuse to testify, stating material loss as reason, on legal proceedings in which he/she participated as witness, notary or intermediary, on actions that he/she has undertaken regarding the dispute in the capacity of a legal predecessor or representative of one of the parties, as well as on any action for which  he/she is obliged to submit a report or to give a statement, in accordance with separate rules.

 

 

Article 173

 

            (1)        The witnesses shall be heard separately, without the presence of those witnesses that shall be heard later.

            (2)        The witness may not leave the room without the permission of the official that administers the procedure.

            (3)        The official that administers the procedure may hear the witness that has been already heard, and confront the witnesses whose testimonies are contradictory.

            (4)        The witness who cannot respond to the summons, due to illness or physical disability, shall be heard in his/her apartment.

 

Article 174

 

            (1)        The witness, prior to his/her testimony, shall be informed that he/she is obliged to say the truth, that he/she may not suppress anything and that his/hers testimony may be given under oath. The witness shall also be  informed of the consequences for giving a false statement.

            (2)        The personal data of the witness shall be taken as follows: name, profession, address, place of birth, age and marital status. If necessary, the witness shall be asked to explain his/her capacity as a witness in the case and especially his/her relations with the parties.

            (3)        The official that administers the procedure shall inform the witness in which cases he/she may refuse to testify.

            (4)        Then the witness shall be asked questions regarding the case.

            (5)        It is not allowed to ask questions suggesting the answer.

            (6)        The witness shall always be asked about the source of the information he gives in the testimony.

 

Article 175

 

            (1)        In case the witness cannot speak the language in which the procedure is being administered, he/she shall be heard through a interpreter.

            (2)        If the witness is deaf, the questions shall be written, and in case he/she is dumb he/she shall give written answers. If the hearing cannot be performed in this way, the witness shall be heard through a person that can understand the witness.

 

Article 176

 

            (1)        After hearing the witness, the official that administers the procedure shall decide whether the witness should give a testimony under oath. A witness that is under age or cannot understand the meaning of an oath shall not be asked to give testimony under oath.

            (2)        The oath shall be verbal as follows: “I hereby give an oath that I have spoken the truth and, as far as I know, I have not suppressed anything regarding the case”.

            (3)        The literate deaf witnesses  shall give an oath by signing the text of the oath, and the dumb witnesses shall read the text of the oath. If the dumb or deaf witnesses are illiterate they shall give an oath through an person that understands them.

 

NOTE: (referring to paragraph 2)

            The text of the oath should be checked in the Law on Civil Procedure and the Law on Criminal Procedure in order to bring them into concord.

 

Article 177

 

            (1)        If the witness who was duly summoned  does not come and gives no justifiable reason for his absence, or leaves the place of the hearing without any permission or justifiable reason, the unit that administers the procedure may instruct that such witness be  summoned by force. In this case the witness shall cover the expenses for his/her summoning and may be punished with a fine up to 5.000 denars.

            (2)        In case the witness refuses to testify and gives no justifiable reason, despite the information on the consequences for such refusal, the witness may be punished with a fine up to 5.000 denars. If the witness still refuses to testify he/she may be punished with another fine up to 5.000. The resolution for such fine shall be adopted by the official that administers the procedure in accordance with the official authorized to adopt the decision regarding the case, and in case of a unit asked to assist  - in accordance with the commander of that unit i.e. with the official person authorized to decide in such cases.

            (3)        If the witness gives acceptable reasons  for his absence later, the official that administers the procedure shall cancel the resolution regarding the fine and the compensation of the expenses. If the witness agrees to testify later, the official may cancel the resolution regarding the fine.

            (4)        The official that administers the procedure may adopt a decision by which he/she shall instruct the witness to cover the expenses caused by his/her absence or refusal to testify.

            (5)        An appeal may be lodged against the resolution regarding the covering the expenses and the fine.

 

 

4.   Statements of the Party

 

Article 178

 

            (1)        In case there is no direct evidence to confirm certain facts or such facts cannot be determined on the basis of any other kind of evidence, the party may give a verbal statement that may be considered as evidence to prove certain facts. The party’s statement may be used as evidence in some facts of minor importance, if such facts should be determined by hearing of a witness that lives in distant place, or if the rights of  the party would be impeded if some other evidence had to be provided.

            (2)        It may be stipulated by law that in other cases, beside those stated in paragraph 1 of this Article, certain facts can be proven by a statement given by the party.

            (3)        The truthfulness of the party's statement shall be assessed according to the principle stipulated by Article 9 in this Law.

            (4)        Prior to making the statement, the official that administers the procedure shall inform the party of the criminal and material responsibilities in case of false statement.

 

 

 

 

 

 

5.   Legal Assessors

 

Article 179

 

            If the official that administers the procedure has no expert knowledge on a fact that is important for the decision, such fact shall be determined or assessed by legal expert assessment.

 

Article 180

 

            (1)        If the costs of the legal assessment would  be proportionally higher compared to the importance or the worthiness of the case, the issue shall be settled on the basis of other evidence.

            (2)        In the case stated in paragraph 1 above, the legal expert assessment shall be performed if the party requests such assessment and agrees to cover the expenses.

 

Article 181

 

            (1)        In order to provide evidence by legal assessment, the official that administers the procedure shall, officially or by proposal of the party, designate a legal expert assessor; however, if the official determines that the assessment is complex, then he/she may designate two or more legal expert assessors.

            (2)        The designated legal assessors shall be experts, especially those that have been specially authorized to give expert opinion regarding certain issues of the adequate profession.

            (3)        Usually, the party shall be asked to give its opinion on the person that shall be designated as legal assessor.

            (4)        A person that cannot act as a witness shall not be designated as legal expert assessor.

 

Article 182

 

            (1)        Any person that has the necessary expert knowledge and education shall be obliged to act as a legal assessor, unless the official that administers the procedure relieves the expert due to justifiable reasons, such as unavailability due to too many assignments as legal assessor, other assignments and other reasons.

            (2)        The manager of the agency or the organization where the legal assessor is employed may request his/her relief of the duty to give legal expert assessment.

           

Article 183

 

            (1)        The legal assessor may refuse to give legal expert assessment for the same reasons as the witness may refuse to testify.

            (2)        The legal assessor that is employed at a government unit may, on the basis of special regulations, be relieved of the duty to give legal assessment.

 

Article 184

 

            (1)        Regarding the exemption of the legal assessors, the provisions on exemption of the official persons shall be valid.

            (2)        The party may request exemption of the legal assessor if he/she proves the circumstances that question the expert knowledge of the legal assessor.

            (3)        The official that administers the procedure shall adopt a resolution on the exemption of the legal assessor.

 

Article 185

 

            (1)        Prior to giving the legal assessment, the legal assessor shall be informed that he/she is obliged to carefully consider the subject of the assessment and in the report he/she should give the exact findings, as well as give his/her expert opinion impartially in accordance with the scientific and expert knowledge.

            (2)        The official that administers the procedure shall  present to the legal assessor the exhibits on which he/she should give an opinion.

            (3)        The legal assessor shall then elaborate his/her findings and expert opinion. The official that administers the procedure and the parties shall have the right to ask questions and require explanation on the findings and expert opinion of the legal assessor.

            (4)        Regarding the testimonies of the legal assessor, the provisions of Article 174 in this Law shall be valid.

            (5)        The legal assessor shall not take an oath.

 

Article 186

 

            (1)        The legal assessor may be instructed to give an expert assessment prior to the hearing. In such case the legal assessor may be required to elaborate his/her written report and expert opinion.

            (2)        If more than one legal assessors are designated, they may give a joint report and opinion. In case there is an disagreement, each of them shall separately elaborate his/her findings and expert opinion.

 

Article 187

 

            (1)        If the report and the opinion of the legal assessor are not clear or complete, or if they differ significantly, or the opinion has not been entirely elaborated, or there is a justifiable distrust in the correctness of the given opinion, and if such shortcomings cannot be eliminated even by a renewed hearing of the assessors, the assessment shall be renewed with the same or other legal assessors, or an opinion may be asked by some other scientific or expert institution.

            (2)        An opinion by a scientific or expert organization may also be asked in instances when the case is very complex or there is a need for an analysis in order to get an expert and precise report and opinion.

 

Article 188

 

            (1)        If the legal assessor who was duly invited does not come, and gives no justifiable reasons for his/her absence, or if he/she comes but refuses to give assessment, or does not submit his/her written report and opinion within the term determined, the legal assessor may be punished  with a fine of 5.000 denars. If additional expenses of the procedure occurred because of the unreasonable absence of the legal assessor, or his/her refusal to give expert assessment or because of his failure to present the written report and opinion in time, the legal assessor may be instructed to pay such expenses.

            (2)        The resolution for payment of the expenses of a fine shall be adopted by the official person that administers the procedure in accordance with the official authorized to adopt a decision on the case, and if there is an unit asked to help - in accordance with the commander of that unit or the official authorized to decide in such cases.

            (3)        In case the legal assessor gives justifiable reasons for his absence later, or if he/she gives acceptable reasons for not submitting the written report and opinion in time, the official that administers the procedure shall cancel the resolution for the fine or the payment of expenses, and if the legal assessor agrees to give his/her expert opinion later, the official may cancel the resolution for payment of the fine.

            (4)        An appeal may be lodged against the resolution for payment of a fine or of the expenses adopted pursuant to paragraph 1 or 2 of this Article.

 

6.  Interpreters

 

Article 189

 

            The provisions stipulated in this Law regarding the legal assessors shall apply to the interpreters.

 

7.   Inquiry on the Spot

 

Article 190

 

            An inquiry on the spot shall be made when there is a need to determine certain fact or to clarify essential circumstances by direct observance of the official that administers the procedure.

 

Article 191

           

            (1)        The parties shall have the right to attend at the inquiry at the place. The official that administers the procedure shall determine what other persons beside the parties shall attend the inquiry.

            (2)        The inquiry on spot may be performed by participation of legal assessors.

 

Article 192

 

            The inquiry on the spot of the object that can be brought at the place where the procedure is being administered shall be done at that place. Otherwise, the inquiry shall be made at the place where the object is located.

 

Article 193

 

            (1)        The owner or holder of the objects, the premises or the land that has to be observed, or where the objects are located, or the land where it should be passed, such owner or holder shall be obliged to allow performance of  the inquiry.

            (2)        If the owner or holder does not allow the inquiry on spot to be made, the provisions regarding the refusal to testify shall apply.

            (3)        The same measures stipulated against a witness that refuses to testify (Article 177, paragraphs 2, 3 and 4) shall apply for the owner or holder that without any justifiable reason does not allow the inquiry on the spot to be made.

            (4)        If any damage occurs during the inquiry on the spot, such expenses shall be included in the overall expenses of the procedure (Article 109, paragraph 1) and the damage shall be compensated to the owner or holder. The resolution regarding compensation of the damage shall be adopted by the unit that administers the procedure. An appeal may be lodged against such resolution.

 

Article 194

 

            The official that administers the inquiry on the spot shall take care that the inquiry shall not be misused and that no business, professional, scientific or artistic secret shall be disclosed.

 

 

 

8.  Provision of Evidence

 

Article 195

 

            (1)        If there is any reasonable doubt that some evidence cannot be presented or that its presentation shall be difficult, such evidence may be presented at any stage of the procedure, even prior to the institution of the procedure, in order to assure that the evidence shall be presented.

            (2)        The presentation of the evidence shall be performed officially or on the proposal of the party, i.e. the person that has a legal interest in the procedure.

 

 

Article 196

 

            (1)        The unit that administers the procedure shall be responsible for furnishing of the evidence during the course of the procedure.

            (2)        In case the evidence has to be furnished prior to the institution of the procedure, the unit that is within the region where the relevant objects are located, or the region where the persons that have to be heard reside, shall be authorized to furnish the evidence.

 

Article 197

 

            (1)        A separate resolution shall be adopted on furnishing of the evidence.

            (2)        An appeal may be lodged against the resolution by which the proposal for furnishing the evidence has been rejected. This appeal shall not interrupt the course of the procedure.

 

 

 

 

 

 

 

CHAPTER XII

 

 

DECISION

 

1.   An Unit that Adopts a Decision

 

Article 198

 

            (1)        On the basis of the facts established in the procedure, the authorized unit shall adopt a decision.

            (2)        If the decision is adopted by a managing board, such decision shall be adopted by the majority votes of its members, unless otherwise stipulated by law or other regulations especially regarding the majority. Special regulations shall be valid for decisions adopted by executive committees (executive boards).

 

Article 199

 

            If there are cases stipulated by law or other regulations based on law, when certain issue may be decided by two or more units, each of these units shall be obliged to adopt a decision.

            The units shall have to agree which of them shall issue the decision. The text of the decision shall state the decisions of the other units.

 

Article 200

 

            (1)        In cases when it is stipulated by law or other regulations based on law that the decision should be adopted by one unit with prior consent of another unit, the decision shall be adopted only after the consent of the other unit has been given. The unit that adopts the decision shall be obliged to state the document by which the other unit gave or refused its consent, i.e. the unit shall state that such consent was not given nor refused by the other unit within the stipulated term.

            (2)        In cases when it is stipulated by law or other regulations based on law that the decision shall be adopted by one unit by consent of another unit, the unit that adopts the decision shall make the text of the decision and together with the document of the case the unit shall send it to the other unit that shall give its consent by a confirmation on the decision itself or by issuance of a separate document. In such case the decision shall be considered as adopted only after the other unit gives its consent, and the decision shall represent a document issued by the unit that adopted it.

            (3)        The provisions of the previous paragraph shall apply in cases when it is stipulated by law that the decision shall be adopted by one unit upon a confirmation or approval of another unit.

            (4)        In cases when it is stipulated by law or other regulations that the authorized unit is obliged to acquire an opinion by another unit prior to adopting the decision, such decision can be adopted only after the opinion has been provided.

            (5)        The unit that has to give its opinion needed for adoption of the decision, shall be obliged to reply within one month from the day the opinion or consent was asked, unless other terms have been stipulated by  special rules. If the unit authorized to adopt  the decision does not receive any information about the consent or refusal of the other unit, it shall be considered that the consent was given, and if no opinion is given, the authorized unit may adopt a decision even without such opinion, unless otherwise stipulated  by other rules.

 

Article 201

 

            In case the official that administered the procedure is not authorized to adopt a decision, the official shall submit a draft decision to the unit authorized to adopt a decision. The official shall sign the draft of the decision.

 

 

2.   Contents and Supplements of the Decision

 

Article 202

 

            (1)        Any decision shall be titled as such. In exceptional cases, it may be stipulated by special rules that the decision may have another title.

            (2)        The decision shall be written. In exceptional cases, stipulated by this Law or by special rules passed on the basis of this Law, the decision may be verbal.

            (3)        The written decision shall comprise: introduction, enacting clause, statement of reasons (comments), instructions on the legal remedies, the name of the unit and the number and date of the decision, signature of the official and the unit’s stamp. In cases stipulated by law or by regulations passed on the basis of this Law, the decision may not contain some of these parts. If the decision is written on a typing machine, a facsimile may be used instead of a signature and a stamp.

            (4)        Even if there is a verbal decision, such decision must be issued in a written form also, unless otherwise stipulated by law or by a regulation passed on the basis of a law.

            (5)        The original or a certified copy of the decision must be submitted to the party.

 

 

 

 

 

Article 203

 

            (1)        The introduction of the decision shall comprise: the name of the unit that adopted the decision,  the regulation regarding the authority of that unit, name of the party and his/her legal representative or authorized person, if any, and summary of the issue of the procedure.

            (2)        If the decision was adopted by two or more units, or by consent, confirmation or opinion of another unit, this shall be stated in the introduction. If the decision was adopted by a managing board, the date of the session on which the decision was adopted shall be stated in the introduction.

 

Article 204

 

            (1)        The enacting clause shall include the decisions regarding the case as a whole and decisions regarding all requests submitted by the parties that have not been decided on separately during the procedure.

            (2)        The enacting clause must be brief and precise. If necessary, it may be divided in several items.

            (3)        The enacting clause may include the decision regarding the expenses of the procedure, if any, determine their amount, who will pay them, to whom and in what term. If the enacting clause does not include a decision regarding the expenses, it shall be stated that a separate resolution shall be adopted regarding the expenses.        

            (4)        If the decision includes instructions for performance of certain actions, the enacting clause shall state the term for performance of such actions.

            (5)        If it is stipulated that the appeal shall not postpone the implementation of the decision, such stipulation shall be stated in the enacting clause.

 

Article 205

 

            (1)        Regarding simple cases in which only one party participates, or in simple cases with two or more parties participating, but none of the parties appeals  to the request, and the request has been approved, then the statement of reasons (comment) of the decision shall be only a brief explanation of the party's  request and a reference to the legal regulations that were applied for deciding on the case. In such cases the decision may be issued on a regular form.

            (2)        In other cases the comments shall include: brief explanation of the parties' request, the facts of the case, and, if needed, the circumstances that were essential for the assessment of the evidence, the reasons for not accepting some of the requests of the parties, the legal regulations and the principles that, considering the facts of the case, lead to the decision stated in the enacting clause. If the appeal does not affect the implementation of the decision, the comments shall include the rule that stipulates such possibility. The comments of the decision must state the resolutions against which no appeal can be lodged.

            (3)        In cases when, pursuant to the law or other rule based on law, the authorized unit shall have the authority to decide on the case at its own discretion, such unit shall be obliged to state in the statement of reasons the provisions of the rule and the principles that were essential for adopting the decision, as well as the data stated in paragraph 2 above. Such principles may not be stated in cases when for protection of the public interest it is explicitly stipulated by law.

            (4)        If it is explicitly  stipulated that the decision adopted at the units own discretion may not state the principles essential for the adoption of the decision, the statement of reasons shall include the data stated in paragraph 2 above, the regulation by which the unit is authorized to decide on the case at its own discretion and the regulation by which the unit is authorized not to state the principles that were essential for the adoption of the decision.

 

Article 206

 

            (1)        The instructions on the legal remedies the party shall be advised whether he/she shall have the right to lodge an appeal or to institute an administrative dispute or other court proceedings against the decision.

            (2)        If an appeal may be lodged against the decision, the instructions shall state to what unit such appeal may be lodged, in what term and the amount of the tax that has to be paid when presenting the appeal. The instructions may also state that the appeal may be given verbally and entered into the records.

            (3)        If an administrative dispute may be instituted against the decision, the instructions shall state to which court the plea should be presented and in what term, and in case of other court proceedings the instructions shall state what court should be addressed and in what term.

            (4)        If the instructions given in the decision are incorrect, the party may act according to the valid regulations or according to the instructions. There shall be no prejudice for the party if it acts according to the incorrect instructions.

            (5)        If no instructions or incomplete instructions are given in the decision, the party may act according to the valid regulations or may require of the unit that adopted the decision to amend the decision. In such case the term for the appeal or court plea shall start to expire from the day of the amended decision.

            (6)        If an appeal may be lodged against the decision and the party has been wrongly instructed that an appeal is not permitted, or that an administrative dispute may be instituted, the term for the appeal shall start to expire from the day of the court’s decision by which the plea has been rejected as illicit, unless the party previously lodged an appeal to the authorized unit.

            (7)        If no appeal may be lodged against the decision, and the party has been wrongly instructed that an appeal may be lodged against the decision, and the party has lodged an appeal and therefore failed to observe the term for institution of an administrative dispute, such term shall start to expire from the day of the decision for rejection of the party’s appeal, unless the party previously instituted an administrative dispute.

            (8)        The instructions on the legal remedies, as a separate integral part of the decision (Article 202, paragraph 3) shall be stated after the statement of reasons.

 

 

 

Article 207

 

            (1)        The decision shall be signed by the official that adopts it.

            (2)        The decision adopted by a managing board shall be signed by the president of the managing board, unless otherwise stipulated by this Law or by special rule.

            (3)        If the managing board adopted a complete decision, the parties shall receive a certified copy of the decision, and if the case was solved by adoption of a resolution, the decision shall be issued in accordance with such resolution and the parties shall receive a certified copy of such decision.

 

Article 208

 

            (1)        If the case refers to a number of individuals, one decision shall be adopted for all individuals. However, the names of each person shall be stated in the enacting clauses and the statement of reasons shall include the reasons that refer to each of the persons. Such decision shall be submitted to each individual, except in cases stipulated in Article 90 of this Law.

            (2)        If the case refers to a number of individuals that are not known for the unit, one decision shall be adopted for all individuals. However, such decision must include some data which shall clearly imply to what persons the decision refers (for example, citizens or owners of property in particular street).

 

 

 

Article 209

 

            (1)        In less important cases in which the request of the party has been approved, and the public interest or the interest of other persons has not been jeopardized, the decision shall include only the  enacting clause stated as a note, if the reasons for such decision are obvious, unless otherwise stipulated.

            (2)        Generally, such decision shall be conveyed verbally to the party, and if the party requires, it shall be issued in a written form.

            (3)        Generally, such  decision shall not include a statement of reasons, except if the nature of the case implies that it is necessary to include a statement of reasons. Such decision may be issued on a special form.

 

Article 210

 

            (1)        In case of very urgent measures that have to be taken for protection of the public order and security or for elimination of situations that endanger the lives and health of the people or the possessions, the authorized unit, i.e. the authorized official in the unit (Article 32) may adopt a verbal decision.

            (2)        The unit that adopted a decision in accordance with paragraph 1 above may instruct immediate implementation of the decision.

            (3)        The unit that adopted a verbal decision, at the party’s request, shall be obliged to submit a written decision within eight days form the day of the request. Such request may be submitted within two months form the day of the verbal decision.

 

 

 

3.   Partial, Supplementary or Interim Decision

 

Article 211

            (1)        If the case includes several items and only some of them have been considered and are ready to be decided on, if reasonable, the authorized unit may adopt a separate decision regarding only these items.

            (2)        The partial decision regarding to the legal remedies and the implementation shall be considered as independent decision.

 

Article 212

 

            (1)        If the authorized unit has not decided on all issues subject of the case, the unit may, on proposal of the party or officially, adopt a separate decision on the issues that have not been previously decided on (supplementary decision). In case the proposal of the party for adoption of a supplementary decision has been rejected, an appeal may be lodged against such resolution.

            (2)        If the case has been considered to certain point, the supplementary decision may be adopted without renewed investigation.

            (3)        The supplementary decision regarding the legal remedies and the implementation shall be considered as independent decision.

 

Article 213

 

            (1)        If the circumstances of the case imply that it would be necessary to adopt a decision that would temporarily settle some disputable issues or relations prior to the completion of the procedure, such decision shall be adopted on the basis of the facts that exist at the moment of its adoption. Such decision must explicitly state that it is an interim decision.

            (2)        The adoption of the interim decision on the proposal of a party may be conditioned by an amount  that shall be deposited by the party for covering of the expenses that might be imposed to the opposed party due to the implementation of such decision, especially if the original request of the proposer was not accepted.

            (3)        The main decision adopted generally after completion of the procedure, shall cancel the interim decision adopted during the course of the procedure.

            (4)        The interim decision regarding the legal remedies and the implementation shall be considered as independent decision.

 

 

4.   Term for Issuing a Decision

 

Article 214

 

            (1)        In cases when the procedure has been instituted on request of the party or officially in the interest of the party and there is not need for an investigation nor there are other reasons that prevent the adoption of a decision  (deciding on previous issue or other), the authorized unit shall be obliged to adopt a decision and submit it to the party as soon as possible, or within one month, at the latest, counting from the day the request has been submitted, i.e. from the day of the institution of the official procedure, unless other shorter term has been stipulated by a special rule. In other cases when the procedure has been instituted on request of the party or officially in the interest of the party, the authorized unit shall adopt a decision and submit it to the party within two months, at the latest, unless other shorter term has been stipulated by a special rule.

            (2)        If the authorized unit does not adopt a decision, against which an appeal may be lodged, and does not submit it within the stipulated term, the party shall have the right to lodge an appeal, as if his/her request was rejected.

            (3)        If the authorized unit has no possibility to adopt the decision within the stipulated term (one or two months), it shall be obliged to inform the party and state the reasons for not adopting the decision within the stipulated term.

            (4)        The authorized unit  shall be obliged to determine a new term for adoption of the decision, or to instruct the party to take legal action against the inefficiency of the administration.

 

5.   Correction of Errors in the Decision

 

Article 215

 

            (1)        The unit that adopted the decision i.e. the official that signed it or issues it may, at any time, correct the errors made in the names or numbers, spelling or calculations, as well as other obvious errors in the decision or its certified copies. The correction of an error shall generate a legal action from the day stated in the corrected decision.

            (2)        A separate resolution shall be adopted regarding the correction. The note referring to the correction shall be entered in the original of the decision and, if possible, in all certifies copies submitted to the parties. The note shall be signed by the official person that signed the resolution for the correction.

            (3)        An appeal may be lodged against the resolution for correction of the decision or against the proposal for correction of the decision.

 

 

 

CHAPTER XIII

 

RESOLUTION

 

Article 216

 

            (1)        Resolutions shall be adopted regarding certain issues of the procedure.

            (2)        The issues that incidentally occur during the administration of the procedure, and there is no need to adopt a separate decision, shall be settled by a resolution.

 

Article 217

 

            (1)        The resolution shall be adopted by the official that administers that part of the procedure where the issue should be settled by a resolution, unless otherwise stipulated by other regulations.

            (2)        If the resolution instructs execution of certain action, the term for the execution of such action shall be stated in the resolution.

            (3)        The interested parties shall be verbally informed about the resolution, and a written resolution may be issued at the request of the person that may lodge an appeal against such resolution, or in cases when an immediate implementation of the resolution is required.

 

 

            Article 218

 

            (1) A special appeal can be lodged against a resolution only when strictly stipulated by law. Such a resolution must be elaborated, comprising instructions for an appeal.

            (2) The appeal shall be lodged within the same time period, in the same way and to the same unit as the appeal against the decision.

            (3) The resolutions against which an appeal is not allowed can be refuted by lodging an appeal against the decision by the interested persons, unless an appeal against a resolution is not allowed according to this law.

            (4) The appeal does not postpone the implementation of the resolution, unless otherwise stipulated by law or by the resolution.

           

 

 

 

 

PART III

 

LEGAL REMEDIES

 

CHAPTER XIV

 

 

APPEAL

 

1. Right to appeal

           

Article 219

 

            (1) The party has a right to lodge an appeal against a decision brought at the first instance.

            (2) The party can lodge a complaint and initiate an administrative dispute against a decision brought at the first instance.

            On the basis of the attitude of the party, it can initiate an administrative procedure at the second instance by lodging an appeal or immediately initiate an administrative court procedure by a complaint for administrative dispute.

            (3) The Public Prosecutor, Public Attorney and other government units, when legally authorized, can lodge an appeal against a resolution that violates the law in favor of individuals or legal entities, and to a disadvantage to the public interest.

 

 

Article 220

 

            (1) An appeal can be lodged against a decision at the first instance of a government regional unit to an Appellate Government Committee; unless the authority of the ministry or of an appropriate government unit, where the regional unit belongs to and the decision has been lodged against, is otherwise stipulated  by law .

            (2) An appeal can be lodged against the first instance decision of a ministry or of another independent government unit, to the appropriate Appellate Government Committee that brings decision at the second instance.

            (3) An appeal can be lodged against the first instance decision of a government unit being a part of a higher government unit, to an administrative unit to which the first instance unit belongs.

            (4) An appeal cannot be lodged against a decision of the Government of the Republic of Macedonia, nor against a decision of its boards and committees.

 

 

 

2. Authorized units for bringing a decision upon an appeal

 

Article 221

 

            If, referring to Article 18 from the Law on administrative procedure, a certain government unit of the municipalities, or, a regional government unit, is delegated to bring a first instance decision, the units regarding paragraph 1 Article 224 of this law shall bring decision upon lodged appeals against their decisions.

 

Article 222

 

            An appeal cannot be lodged against a decision of the Assembly of the Republic of Macedonia, or, of the board of local self-government units at the first instance.

 

Article 223

 

            (1) The unit authorized for settling the appeal against a decision of the unit that adopted (Article 199) or brought the disputed decision (Article 200), shall decide upon the appeal against the decision based upon Article 199 and 200, unless otherwise stipulated by a special regulation the decision to be brought by another unit. The unit at the second instance can only revoke the disputed decision, but it cannot change it.

            (2) If the unit, according to paragraph 1 of this Article, authorized to bring a decision upon the appeal has agreed, approved or confirmed the first instance decision,  the legally authorized unit shall bring a decision upon the appeal, and, if such unit has not been determined, a direct administrative dispute can be initiated against such decision.

 

Article 224

 

            (1) The unit determined in the regulations of the organization or of the community, shall bring a decision upon the appeal lodged against the first instance decision of the organization or the community, unless another unit is legally determined to bring a decision upon the appeal.

            (2) The administrative unit shall bring a decision upon an appeal lodged against the first instance decision of an organization or community brought during the realization of the public authorization, if stipulated by law.

            (3) If a unit has not been determined to bring a decision upon the appeal regarding the provisions from paragraph 1 and 2 of this Article, the administrative unit authorized for particular administrative area shall bring a decision upon the appeal.

 

 

 

 

3. Terms of appeal

 

Article 225

 

            (1) An appeal shall be lodged within 15 days, unless otherwise stipulated by law.

            (2) The time period for each individual and each unit the decision is submitted to, shall be from the day of the submission.

 

 

 

 

Article 226

 

            (1) Within the time period determined for the appeal, the decision cannot be implemented. When the appeal is properly lodged, the decision cannot be implemented until previously submitted to the party.

            (2) The decision, as an exception, can be implemented within the term determined for an appeal as well as after the appeal is lodged, if stipulated by law. It can be also implemented in case of undertaking urgent measures (item 4 Article 137), or, if due to a delay of the implementation by some of the parties, some harm has been done which cannot be corrected. In the last case, an appropriate safeguarding from the party can be requested, in the interest of which an implementation is executed, conditioning the implementation accordingly.

 

 

4. Contents of an appeal

 

Article  227

 

            (1) The appeal must include the decision being refuted, expressing the name of the unit that brought it. The explanation of the dissatisfaction related to the decision in the appeal, shall be sufficient, whereas an explanation of the appeal is not necessary.

            (2) New facts and new evidence can be included in the appeal, although the appellant shall not be obligated to give an explanation why they were not included at the first instance procedure.

            (3) If the appeal comprises new facts and new evidence, and, two or more parties of opposite interest participate in the procedure, the copies of the appeal shall be in number adequate to the number of such parties. In such cases, the unit shall submit to each party a copy of the appeal, determining a term for presentation of new facts and evidence. This time period cannot be less than eight, nor longer than fifteen days.

 

 

5. Submission  of the appeal

 

Article 228

 

            (1) The appeal shall be directly submitted or sent by mail to the unit that brought the decision at the first instance.

            (2) If the appeal has been submitted or directly sent to the unit at the second instance, it shall immediately deliver the appeal to the unit at the first instance.

            (3) The appeal that has been submitted or directly sent to the unit at the second instance, shall be also considered delivered to the unit at the first instance.

 

 

 

 

 

 

 

6. Activities of the first instance unit upon an appeal

 

Article 229

 

            (1) The unit at the first instance shall investigate whether the appeal is allowed, on time and presented by an adequate person.

            (2) The illegitimate, late or an appeal by an unauthorized person, shall be refuted by the first instance unit by bringing its decision against.

(3)  The first instance unit shall consider the timing of the appeal submitted or delivered directly to the second instance unit from the day it was submitted or delivered to the second instance unit.

            (4) The party has a right to lodge an appeal against a decision refuting the appeal based upon paragraph 2 of this Article. If the unit bringing a decision upon the appeal considers the appeal justified, at the same time, it shall decide upon the appeal that has been refuted.

 

Article 230

 

            (1) If the unit, that has brought the decision, considers the appeal justified, and new action is not needed to be brought against, the issue can be solved by replacing the decision, being refuted with the appeal, with a new one.

            (2) The party shall have the right to lodge an appeal against the new decision.

 

Article 231

 

            (1) If the unit, that brought the decision, finds out that the implemented procedure upon the appeal is not complete, and, that it could have influenced on the settlement of the matter, the unit can complete the procedure according to the provisions of this law.

            (2) The unit, that brought the decision, shall complete the procedure and the appellant shall present in the appeal facts and evidence that can result in a different decision, if the appellant has had to be given an opportunity to participate in the procedure that preceded the decision, but the opportunity has not been given; or, the opportunity has been given, but the appellant has not used it, although in the appeal the failure is justified.

            (3) Regarding the result of the amended procedure, the unit that brought the decision can bring a different decision to the extent of the request, and, by new the decision replace the decision refuted by the appeal.

            (4) The party shall have the right to lodge an appeal against the new decision.

 

 

Article 232

 

            When the decision has been brought without previous special obligatory investigation, or, brought in accordance with item 1, 2 and 3 Article 141 from this law, but the party has not been given an opportunity to come out for facts and circumstances of importance for bringing the decision; whereas the party requests in the appeal the investigation to be implemented, an opportunity to be given to come for the facts and circumstances, - the first instance unit shall be obligated to implement the procedure. After implementing the procedure, the first instance unit can accept the request from the appeal and bring new decision.

 

 

Article 233

 

            (1) When the unit that brought the decision considers the appeal acceptable, lodged on time and stated by an authorized person, and, in the new decision has not replaced the refuted decision, the unit shall be obligated to deliver the appeal of the unit authorized for settling the appeal, without any delay, within fifteen days from the day the appeal was lodged.

            (2) The unit shall be obligated to attach all the acts referring to the case.

           

 

7. Second instance unit decision upon an appeal

 

Article 234

 

            (1) If the appeal is not allowed, on time, or not stated by an authorized person, and, the first instance unit has failed to refute the appeal due to this reason, the unit authorized for settling the appeal shall do that.

            (2) If the appeal has not been refuted, the second instance unit shall undertake the case for settling.

            (3) The second instance unit can reject the appeal, completely or partially revoke the decision, or change it.

 

Article 235

 

            (1) The second instance unit shall reject the appeal when it determines that the procedure preceding the decision has been implemented correctly and that the decision is correctly and legally based, and the appeal is ungrounded.

            (2) The second instance unit shall also reject the appeal when it finds out certain failures in the first instance procedure, although such that could not have had any impact on the settlement of the matter.

            (3) When the second instance unit finds out that the first instance decision has been legally based due to some other reasons and not the ones defined in the decision, it shall explain the reasons in its decision and reject the appeal.

 

Article 236

 

            (1) If the second instance unit finds out that there has been an incorrect action in the first instance procedure that annuls the decision (Article 262), the unit shall announce the decision invalid, as well as the part of the procedure made based upon such incorrect action.

            (2) If the second instance unit finds out that the first instance decision has been brought by an unauthorized unit, it shall revoke the decision by official duty and the case shall be submitted to the authorized unit for settlement.

 

 

 

Article 237

 

            (1) When the second instance unit finds out that the facts from the first instance procedure have been incompletely or incorrectly determined; that the regulations of the procedure having an impact on the decision have not been considered carefully throughout the procedure; or, that the disposition of the refuted decision is unclear or contradictory to the explanation, - the unit shall complete the procedure and eliminate definite failures alone, or through the first instance unit or another unit requested. If the second instance unit finds out that based upon facts determined in the amended procedure, the activity has to be made differently than at the first instance, the unit shall revoke the first instance decision by bringing its decision, and, settle the issue by itself.

            (2) If the second instance unit finds out that the failures from the first instance procedure shall be faster and more efficiently eliminated by the first instance unit, it shall revoke the first instance decision by bringing its own by sending back the case to the first instance unit for a renewed procedure. Hence, in its decision, the second instance unit shall be obligated to emphasize to the first instance unit the direction towards which the procedure should be completed, whereas the first instance unit shall be obligated, without any delay, to follow the second instance decision completely and within 30 days from the day the case is received, to bring new decision. The party shall have the right to lodge an appeal against the new decision.

 

Article 238

 

            (1) If the second instance unit finds out that the facts have been assessed incorrectly in the first instance decision, that out of the determined facts a wrong conclusion has been made regarding the actual situation, that a legal regulation has been implemented incorrectly as basis for settling the issue, or, if it finds out that upon free assessment a different decision was to be brought, - the unit shall revoke that first instance decision by its own decision and settle the issue by itself.

            (2) If the second instance unit finds out that the decision is correct regarding the determined facts and the legal implementation, whereas the objective because of which the decision has been brought can be gained by other means more favorable for the party, - the unit shall change the first instance decision in that sense.

 

Article 239

 

            (1) With an objective for correct settlement, the second instance unit can change the first instance decision due to an appeal, in favor of the appellant apart for the request determined in the appeal and within the framework of the request determined in the first instance procedure, if the right of another individual is not offended.

            (2) With the same objective, the second instance unit can change the first instance decision based upon the appeal to a disadvantage of the appellant, but only due to reasons stipulated in Article 258, 261 and 262 of this law.

 

 

Article 240

 

            (1) The provisions of this law referring to the decision in accordance with the decision shall be also implemented upon decisions referring to the appeal.

            (2) In the explanation of the second instance decision all the allegations from the appeal have to be assessed. If the first instance unit has already correctly assessed the allegations in its explanation referring to the appeal, the second instance unit can refer to the reasons from the first instance decision.

 

 

8. An appeal when first instance decision has not been brought

 

Article 241

 

            (1) If an appeal has been lodged by a party upon whose request the first instance unit has not brought a decision (paragraph 2 Article 214), the second instance unit shall request from the first instance unit to provide information about the reasons why the decision has not been brought on time. If the reasons for not bringing the decision on time are found justified, or result from a fault of the party, the second instance unit shall determine a time period for the first instance unit to bring a decision, not longer than one month. If the reasons why the decision has not been brought on time, are not justified, the second instance unit shall request from the first instance unit to submit the documents of the case.

            (2) If the second instance unit can settle the issue based upon the documents for the case, it shall bring its decision. If not, it shall implement the procedure by itself and by bringing its decision it shall settle the issue. As an exception, if the second instance unit finds out that the procedure shall be faster and more efficiently implemented by the first instance unit, it shall order the first instance unit to do so and submit the compiled data within a certain period of time, settling the issue by itself afterwards. Such a decision shall be final.

 

 

9. Time period for bringing a decision upon an appeal

 

Article 242

 

            (1) A decision upon an appeal has to be brought and submitted to the party as soon as possible, not later than two months from the day the appeal has been lodged, unless the time period is otherwise determined.

            (2) If the party abandons the appeal, the procedure upon the appeal shall be terminated by passing a resolution.

 

 

10. Submission of the second instance decision

 

Article 243

 

            The unit that settled the issue at the second instance shall generally submit its decision together with the documents of the case to the first instance unit, responsible for submitting the decision to the parties within eight days from the day the documents are received.

 

 

 

 

CHAPTER XV

 

 

RENEWAL OF A PROCEDURE

 

1. Initiating a renewal of a procedure

 

Article 244

 

            The procedure concluded by a decision against which regular legal remedy in the administrative procedure does not exist (the administrative procedure being final), shall be renewed:

 

            1) if new facts are realized, or a possibility is found or got for using new evidence, that alone or related to already presented and used evidence, can lead to a different decision if those facts and evidence have been presented or used in the previous procedure;

            2) if the decision is made based upon false documents or false statement of a witness or legal assessor, or, if the decision was a result of a deed punishable by the criminal law;

            3) if the decision is based upon the verdict reached in the criminal proceedings or in economic infraction, the verdict being effectively invalidated;

            4) if the decision favorable for the party is made upon untrue statement of the party, so that the unit responsible for the procedure was misled;

            5) if the decision of the unit that led the procedure was based upon a previous issue which was solved later by the authorized unit, but in a different way regarding the substantial items;

            6) if an official, defined to be exempted according to the law, has participated in bringing the decision;

            7) if the decision was made by an official from the authorized unit, though not having such an authority;

            8) if the managing board that made the decision was not in the composition defined by valid regulations or if the decision was not brought by the voting majority;

            9) if the person defined as a party was not given a possibility to participate in the procedure;

            10) if the party was not represented by a legal counsel, although stipulated by law;

            11) if the person who participated in the procedure was not given a possibility to use his mother tongue, set forth in Article 15 of this law.

 

Article 245

 

            (1) The administrative procedure renewal can be requested by the party, whereas the unit that brought the decision defining the procedure as final, can initiate the renewal of the procedure upon its official duty.

            (2) Due to the circumstances defined in item 1, 6, 7, 8 and 11 Article 244 of this law, the party can request a renewal of the procedure only if, without its fault, the party was not in a position to present all the circumstances throughout the previous procedure.

            (3) Based upon reasons determined in item 6 to item 11 Article 244 of this law, the party can request for a renewal of the procedure, if the reasons were presented without any success during the previous procedure.

            (4) The Public Prosecutor can request a procedure renewal under the same conditions defined for the party.

 

Article 246

 

            If the decision, being the basis for a request for procedure renewal, was a subject of an administrative dispute, a renewal can be allowed only due to the facts determined by the unit throughout the previous administrative procedure, and not due to the facts determined by the court throughout the court procedure.

           

Article 247

 

            (1) The party can request a procedure renewal within one month, as follows:

 

            1) in the case determined in item 1 Article 244 - from the day the party has been able to present new facts or use new evidence;

            2) in the case determined in item 2 and 3 Article 244 - from the day the party was notified on the effective verdict of the criminal proceedings, or on the procedure following an economic infraction; and, if the procedure cannot be realized - from the day the party was notified on the termination of the procedure, or, on the circumstances the procedure was not possible to be brought against accordingly, or, on circumstances for not having possibilities for criminal prosecution or a prosecution for economic infraction;

            3) in case determined in item 5 Article 244 -- from the day the party was able to use a new act (verdict, decision);

            4) in case determined in item 4, 6, 7 and 8 Article 244 -- from the day the party determined the reason for procedure renewal;

            5) in case determined in item 9, 10 and 11 Article 244 -- from the day the decision was submitted to the party.

 

            (2) If the time period determined in item 1 of this Article has started before the decision becomes final in the administrative procedure, the time period shall be considered valid from the day the decision is completed, i.e., from the day the final decision was submitted by the authorized unit.

            (3) After a period of five years from the day the decision was submitted to the party, a procedure renewal shall be not possible to be requested or brought against regarding an official duty.

            (4) As an exemption, after a period of five years, a renewal can be requested or brought against only based upon reasons stipulated in item 2, 3 and 5 Article 244 of this law.

 

Article 248

 

            (1) An administrative procedure can be renewed due to the reasons stipulated in item 2 Article 244 of this law, and, in case the criminal proceedings cannot be carried out, or, the procedure cannot be carried out regarding given circumstances.

            (2) Before bringing the conclusion for administrative procedure renewal based upon reasons stipulated in item 2 Article 244 of this law, the official shall request a notification from the authorized unit for criminal prosecution on the issue whether the criminal proceedings have been ceased, or, whether, there are existing circumstances for not bringing action against. The official does not have to request such a notification if there is no enforceability of criminal prosecution; or in case of death of the person whose criminal responsibility is pointed out in the request; or, if the official can undoubtedly ascertain the circumstances under which the procedure cannot be instituted.

 

Article 249

 

            The party shall be obligated to justify the circumstances given in his/her proposal on procedure renewal, upon which the proposal is based, as well as the position of the proposal within regular time period.

 

 

2. Decision on procedure renewal

           

Article 250

 

            (1) The party shall submit or send the proposal on procedure renewal to the unit that has brought a decision at the first instance, or to the unit that brought a decision on finalizing the procedure.

            (2) The unit that has brought a decision on finalizing the procedure shall make a decision on procedure renewal as well.

            (3) When a renewal has been requested based upon a decision brought at the second instance, the first instance unit to receive the proposal on renewal shall add the documents of the case to the proposal and send to the unit that brought the decision at the second instance.

 

Article 251

 

            When the unit authorized for bringing a decision upon the proposal on renewal, receives the proposal, it shall be obligated to investigate whether the proposal was made on time and by an authorized person, and, whether the circumstance upon which the proposal is based, is made possible.

            (2) If the conditions from the previous paragraph are met, the authorized unit shall reject the proposal by this conclusion.

            (3) If the conditions from item 1 of this Article are met, the authorized unit shall investigate whether circumstances, or evidence defined as a reason for renewal are such, so that they can lead to a different decision; and, if not, the unit shall reject the proposal by bringing its decision.

 

Article 252

 

            (1) If the authorized unit does not reject or refute the proposal on renewal based upon Article 251 of this law, the unit shall adopt a resolution on procedure renewal and determine its extent. In the procedure renewal following an official duty, the authorized unit shall adopt a resolution on the renewal, if it is previously determined that the legal conditions have been met. Previous actions in the procedure being not influenced by the reasons for a renewal, shall not be repeated.

            (2) When according to the circumstances it is possible, and in the interest of accelerating the procedure, the authorized unit shall, once the existence of the reasons for a renewal are determined, commence the procedure activities needed to be renewed, without bringing a special resolution for approving the renewal.

            3) When by following the renewal proposal the unit at the second instance is to bring a decision, the unit itself shall perform the needed activities in the renewed procedure, and, by exception, if it finds out that the activities shall be performed faster and more economically by the unit at the first instance, it can order the first instance unit to do that within a given time period.

 

Article 253

 

            On the basis of the data provided throughout previous and renewed procedure, the authorized unit shall bring a decision on the work being the subject of the procedure, together with the previous decision that was a subject of the renewal that can keep that into effect or replace with a new one. In this case, and regarding all circumstances of a particular case, the body can revoke or repeal the previous decision.

 

Article 254

 

            An appeal can be lodged against the resolution passed upon the proposal on renewal procedure, as well as against the decision brought in the renewed procedure, only when such a resolution or decision was brought by a unit at the first instance. If the resolution or the decision was brought by a unit at the second instance, an administrative dispute can be directly initiated.

 

Article 255

 

            (1) The proposal on procedure renewal, generally, shall not postpone the implementation of the decision on renewal; though, the unit responsible for bringing a decision on the proposal can decide to postpone the implementation until it brings the decision on renewal procedure, if the unit is of an opinion that the renewal proposal can be accepted.

            (2) The resolution that permits renewal of the procedure, shall postpone the implementation of the decision against which a renewal is approved.

 

 

 

CHAPTER XVI

 

SPECIAL CASES OF REVOKING, REPEALING AND CHANGING DECISIONS

 

 

1. Changing and revoking decisions related to an administrative dispute

 

Article 256

 

            The unit against whose decision an administrative dispute has been initiated on time, can revoke or change its decision based upon reasons according to which the court can revoke such a decision instead, until the dispute is settled; if all of the requests of the appeal are taken into consideration and if the right of the party in the administrative procedure, or of the third party, is not violated.

 

 

2. A request for protection of regulations

 

Article 257

 

            (1) The Public Prosecutor has the right to initiate a request for protection of regulations against an effective decision made throughout a work where an administrative dispute cannot be carried out, and, court protection has not been provided, if of an opinion that such a decision violates the law.

            (2) The request for protection of regulations according to the provision from paragraph 1 of this Article can be initiated within one month from the day the decision was submitted to the Public Prosecutor, and, if not, -- within six months from the day it was submitted to the party.

            (3) In cases when a government unit made the decision regarding a request, the request for protection of regulations shall be submitted by the Republic Prosecutor,

            (4) A republic administrative unit, authorized for bringing a decision upon an appeal lodged against refuted decision, shall bring a decision on request for protection of regulations against a decision brought up in the administrative procedure by a republic administrative unit or organization controlled by the republic unit. If such an administrative unit does not exist, the Government of the Republic of Macedonia shall bring such decisions. The republic administrative unit responsible for the work defined in the decision, shall bring decisions on other requests for protection of regulations, and, if such an administrative unit does not exist, the Government of the Republic of Macedonia shall be responsible.

            (5) The authorized unit can repeal the disputed decision or refuted request, regarding the request for protection of the regulations. An appeal shall not be allowed against the decision brought upon the request for protection of the regulations.

 

Article 258

 

            (1) The decision being final in the administrative procedure shall be revoked by the authorized unit, based upon its right to supervision, as follows:

 

            1) if the decision was brought by the exact authorized unit, and it is not a case defined in item 1 Article 262 of this law;

            2) if upon the same subject an effective decision has been already made settling the issue in a different way;

            3) if the decision was made by a unit without an agreement, confirmation, approval or opinion of another unit, although needed according to the law or another legal regulation;

            4) if the decision was made by the local unauthorized unit;

            5) if the decision was made as a consequence of a compulsion, extraction, blackmail, pressure and other disapproved action.

 

            (2) The decision being final in the administrative procedure can be repealed with the right to supervision, if the decision apparently violates the substantial law. In the activities where two or more parties are participating of different interests, the decision can be repealed only by an agreement of the interested parties.

            (3) If an administrative unit is authorized for bringing a decision, whereas the decision has been brought by the Parliament of the Republic of Macedonia, or the Government of the Republic of Macedonia; such a decision cannot be revoked in respect with the item 1 paragraph 1 of this Article for not being brought by an authorized unit.

 

Note:   According to our opinion, item 5 from paragraph 1 should be taken out, for, even at the time this item was introduced as an amendment, the motive was to protect the rights of the parties in the environment of mass violations of the rights of citizens of Serbian nationality in Kosovo. In the Republic of Macedonia, such mass violations and irregularities do not exist, so, item 5 of the Article should be taken out.

 

 

Article 259

 

            (1) The decision can be revoked or repealed according to the right of the unit at the second instance. If there is no unit at the second instance, the decision can be revoked or repealed by a unit legally authorized to supervise the activities of the unit that brought the decision.

            (2) The authorized unit shall bring a decision for revoking regarding the official duty, following a request of the party, the Public Prosecutor or the Public Attorney; whereas the decision for repealing shall be officially requested regarding a request of the Public Prosecutor or Public Attorney.

            (3) The decision for repealing based upon item 1, 2 and 3 from item 1 Article 258 of this law can be brought within a period of five years, and based upon item 4 from paragraph 1 Article 258, the decision can be brought within a period of one year from the day the decision became final in the administrative procedure.

            (4) The decision for revoking the previous decision based upon item 5 paragraph 1 Article 258 of this law can  be brought regardless the time periods stipulated in paragraph 3 of this Article.

            (5) A complaint shall not be allowed against the decision based upon Article 258 of this law, but an administrative dispute can be directly initiated.

 

 

 

4. Repealing and changing effective decisions with an agreement or upon a request of the party

 

Article 260

 

            (1) If the party has vested a right upon an effective decision, and the unit that brought such a decision is of an opinion that the substantive law has been incorrectly implemented accordingly, it can repeal or change the decision for its concordance with the law, only if the party, that vested the right based upon the decision, agrees with that, and, if such activity does not violate the right of the third party. The agreement of the party shall be obligatory also when the change of the effective decision is to a disadvantage of the party to which a particular obligation has been assigned.

            (2) An effective decision inappropriate for the party can be repealed or changed based upon conditions from paragraph 1 of this Article. If the unit finds out that there is no need to repeal or change the decision, it shall be obligated to notify the party.

            (3) The change of the decision based upon this Article shall be effective only in the future.

            (4) The decision based upon item 1 and 2 of this Article shall be brought by the unit at the first instance that brought the previous decision, whereas the unit at the second instance shall bring such a decision only when such an activity is already stipulated by a regulation. If such a unit is repealed or ceased to be responsible for such an activity , the decision shall be brought by a unit responsible for such activities at the time the decision is brought.

            (5) A complaint against the new decision brought according to this Article, shall be allowed only if the decision has been brought by a unit at the first instance. If the decision was brought by a unit at the second instance, or, the decision of the unit at the first instance is final, an administrative dispute can be initiated against this decision.

 

           

5. Special repeal

 

Article 261

 

            (1) The enforced decision can be repealed only when if it is needed with an objective to eliminate a difficult and direct danger to life and health of people, public security, public order, or, to public morality, or, with an objective to eliminate the economic turbulence, if it cannot be eliminated successfully by other means less effective to the vested rights. The decision can be also partially repealed to the extent necessary for eliminating the danger, or, for protecting generally determined public interests.

            (2) If the decision has been brought by a unit at the first instance, the decision can, regarding paragraph 1 of this Article, be repealed by a unit at the second instance, and, if there is no such unit, then, by a unit legally authorized to supervise the activities of the unit that brought the decision.

            (3) A complaint is allowed against a decision for repealing a previous decision, only when the decision was brought by a first instance unit. Otherwise, an administrative dispute can be directly initiated against such decision.

            (4) The party that due to the decision repeal endures damage, shall have a right for compensation only on the physical damage. The court that according to the Law on Administrative Procedures is responsible for settling the administrative dispute against a decision brought based upon this Article, shall be responsible for bringing a decision regarding the request for damage compensation. The compensation amount shall be determined by this court following its own belief, taking into consideration all the circumstances of the case.

 

 

6. Announcing a decision invalid

           

Article 262

 

            A decision shall be announced invalid when:

            1) in the administrative procedure the decision is brought by court authority or it is an issue that cannot be decided upon in the administrative procedure;

                        2) the decision could provoke an activity punishable according to the criminal law;

                        3) its implementation is not possible at all;

            4) the decision was brought by a unit without previous request of the party (Article 122), and, the party agreed directly or by implication;

            5) the decision comprises an irregularity that, according to a specially determined legal provision, was stipulated as a reason for invalidity.

 

 

 

Article 263

 

            (1) The decision can be announced invalid at any time, following an official duty or a proposal of the party or the Public Prosecutor.

            (2) The decision can be announced completely or partially invalid.

            (3) The decision shall be announced invalid by the unit that brought such a decision, or, by the unit at the second instance, legally authorized to supervise the activities of the unit that brought the decision.

            (4) A complaint shall be allowed against a decision on announcing another decision invalid, or, on refuting the proposal of the party or the Public Prosecutor on announcing the decision invalid. If there is not unit to settle the complaint, an administrative dispute can be directly initiated against such a decision.

 

 

7. Legal consequences after revoking and repealing

 

Article 264

 

            (1) When revoking the decision or announcing it invalid, the legal results of such decision are also revoked.

            (2) When revoking the decision, the legal consequences already resulting from the decision are not revoked, but further legal consequences from the repealed decision are ceased.

            (3) In case the unit finds a decision by which the law has been violated, and such violation may be the reason for renewal of the procedure, i.e. to repeal, revoke or change the decision the unit shall be obligated to inform the authorized unit for bringing actions and making a decision, without any delay.

 

 

PART IV

 

 

IMPLEMENTATION

 

CHAPTER XVII

 

 

1. General provisions

 

Article 265

 

            (1) The decision brought during the administrative procedure shall be implemented as soon as it becomes effective.

            (2) The decision at the first instance shall become effective:

            1) after the expiration of time period for lodging a appeal, if the appeal has not been lodged;

            2) after the decision has been submitted to the party, if an appeal is not permitted;

            3) after the decision has been submitted to the party, if the appeal does not postpone the implementation;

            4) after the decision has been submitted to the party on rejecting or refuting the appeal.

 

            (3) The decision at the second instance on changing the decision at the first instance, shall become effective the moment it is delivered to the party.

            (4) If the decision defines that the action being a subject of implementation can be done within the determined time period, the decision shall become effective after the expiration of the time period. If the decision does not determine the time period for performing the action, the decision shall become effective within fifteen days from the day the decision was made. Based upon the decision, the determined time period for implementing the decision, a time period of fifteen days, shall start from the day the decision becomes effective, in accordance with paragraph 2 and 3 of this Article.

            (5) The implementation can be also made on settlement basis, although only against a party that took participation in the settlement.

            (6) If the decision refers to two or more parties that participate in the procedure with identical requirements, an appeal of at least one of the parties shall prevent the implementation of the decision.

 

Article 266

 

            (1) The resolution concluded during the administrative procedure shall be implemented the moment it becomes effective.

            (2) The resolution against which a special appeal cannot be lodged, as well as the one against which a special appeal postponing the implementation cannot be lodged, shall become effective after the moment it is submitted to the party, or the party is notified on it.

            (3) When legally or the resolution itself determines that the appeal shall postpone the implementation of the resolution, it shall become effective after the time period defined for lodging an appeal, if the appeal has not been lodged, and if it has been, the resolution shall become effective when a decision on refusing of refuting the appeal is submitted to the party.

            (4) In other cases, the resolution shall become effective under conditions determined for implementation of the decision from paragraph 3, 4 and 6 Article 265 of this law.

            (5) The provisions of this law on implementing decision shall be valid for the implementation of the resolution as well.

 

Article 267

 

            The implementation of a decision brought during an administrative procedure shall be made in order to collect cash claims or non-cash funds.

 

Article 268

 

            (1) When there is a possibility to do the implementation in various ways and by implementing various means, it shall be made in a way and by implementing the means leading to the aim, being the most favorable.

            (2) On Sundays, national holidays, as well as at night, the implementation can be made only in case of fear that the decision shall be postponed and if the unit implementing the decision has issued an order in writing.

 

            Article 269

            (1) The implementation shall be made against a party that is charged.

            (2) The implementation shall be made officially or on proposal of the party.

            (3) On the basis of an official duty, the implementation shall be imposed in cases when such implementation is in the public interest. The implementation being of an interest of the party shall be made upon a proposal of the party (the appellant).

 

Article 270

 

            (1) The implementation of a decision shall be made administratively (administrative implementation), and in cases stipulated by law, it shall be made through court procedure (court implementation).

            (2) The administrative implementation shall be made by administrative units based upon provisions of this or of a special law, whereas the court implementation shall be made by an authorized court based upon regulations valid for court implementations.

 

Article 271

 

            (1) The implementation shall be administratively made due to the fulfillment of non-cash obligations of the performer.

            (2) The implementation shall be made at court due to the fulfillment of cash obligations. As an exception, the implementation shall be administratively made following an approval of the performer, based upon the salary regarding working relations, in order to fulfill cash obligations.

 

Article 272

 

            (1) The administrative implementation shall be made by the unit that brought the decision at the first instance, if another unit has not been determined by a special regulation.

            (2) If it is stipulated that an administrative implementation cannot be made by the unit that brought the decision at the first instance, and by special regulations another authorized unit has not been determined, the implementation shall be made by an administrative unit of a municipality responsible for activities of the general administration in the region where the residence of the performer is, if the authority of another unit has not been otherwise determined by law.

            (3) The administrative implementation of decisions of organizations and associations, not being legally authorized to implement their decisions by themselves, shall be approved and made by the administrative unit responsible for general administrative activities of a regional unit in the municipality where the residence of the performer is, if the authority of another unit has not been otherwise determined by law.

            (4) The units of internal affairs shall be obligated to assist to the authorized unit in the implementation, following its request.

 

Article 273

 

            (1) The unit responsible for administrative implementation shall pass a resolution on implementation approval, following its official duty or a request of the appellant. The resolution shall state that the decision to be implemented has become effective as well as define the way of its implementation. An appeal shall be possible against this resolution to the unit at the second instance.

            (2) The resolution on approving the implementation of a decision brought during an administrative action upon official duty, shall be obligatory passed by an authorized unit for administrative implementation without postponing such an effective decision, unless otherwise stipulated with special regulations. Not passing the resolution till the end of that period shall not exclude the obligation for implementing it.

            (3) When the administrative implementation is not made by the unit that brought the decision at the first instance, the appellant of an implementation shall submit a proposal on implementation to the unit, the organization or the community  that brought the decision. If the decision has become effective, the unit, organization or community shall verify the decision as an effective (confirmation on effectiveness) and shall submit it to the authorized unit to be implemented. The way how it should be implemented shall be also suggested.

            (4) When, based upon official duty, a decision is implemented, brought by a unit, organization and community unauthorized for implementing the decision; they shall refer to the unit authorized for implementation in the manner defined in paragraph 3 of this Article

 

Article 274

 

            (1) The administrative implementation by the unit that brought a decision on the activity at the first instance, it shall be implemented based upon the decision that became effective and  upon the resolution on approving the implementation.

            (2) The administrative implementation made by another unit carried out on the basis of the decision with the verification and the resolution on approving the implementation.

 

Article 275

 

            (1) Throughout the administrative implementation, an appeal can be lodged  referring to the implementation directly, not refuting the regularity of the decision that is being implemented.

            (2) The appeal shall be stated to the authorized unit at the second instance. The appeal shall not postpone the commenced implementation. Regarding the time period for lodging an appeal, as well as the unit authorized for settling the appeal, provisions from Article 222 to 226 of this law shall be implemented.

 

Article 276

 

            (1) The administrative implementation shall be terminated according to an official duty and the implemented activities shall be revoked, if the obligation has been met and the implementation was not allowed at all; it was carried out against a person who has no obligations; or, if the appellant of an implementation abandons his request, therefore, the executive definition is revoked or repealed.

            (2) The administrative implementation shall be postponed if it is determined that in meeting the obligation postponing shall be sufficient, or, instead of temporary decision being implemented, a decision on the main issue shall be brought different from the temporary decision. The postponing of the implementation shall be approved by  the unit that passed the resolution on implementation approval.

 

 

Article  277

 

            (1) Fines determined according to this law shall be realized by the units authorized for realization of fines for violations.

            (2) A fine shall be collected for the benefit of the socio-political community whose unit pronounced the sentence.

 

Article 278

 

            (1) When a court implementation is to be made upon a decision brought during an administrative procedure, the unit whose decision is to be implemented, shall endorse for the effectiveness of the decision (paragraph 3 Article 273), and, it shall submit the document for further implementation to the authorized court.

            (2) A decision brought during an administrative procedure with an endorsement for execution, shall be the basis for court implementation. Such an implementation shall be carried out according to the regulations valid for court implementation.

 

 

2. Realization of non-cash obligations

 

Article 279

 

            The implementation related to realization of non-cash obligations of the performer shall be carried out by other parties or under force.

 

 

a) Realization by other parties

 

Article 280

 

            (1) If the obligation of the performer consists of realization of an action that can be performed by another person, whereas the performer has not done it at all, or not completely; this action shall be performed by another person, at the expense of the performer. The performer must be notified in advance.

            (2) In such cases, the unit that carries out the implementation can order the performer, by passing a resolution in advance, to deposit the amount needed for settling the expenses of the implementation, and, the calculation to be made additionally. The resolution for depositing the amount shall be effective.

 

 

b) Implementation under force

 

Article 281

 

            (1) If the performer is obligated to allow or bear certain actions, but, does not react in accordance with such an obligation; or, if the subject of implementation is a performance that can not be done by another person, the unit implementing the decision shall force the performer to meet the obligations by paying the fine.

            (2) The unit carrying out the implementation, shall threaten the performer with a temporary implementation of forced activity, if the obligation has not been met on time. If, within the determined time period, the performer does not undertake any action contrary to the obligation, or, if the time period is expiring unsuccessfully, the forced activity shall be performed immediately, determining at the same time a new time period for performing the action, with a threat for new, more severe forced measure.

            (3) Forced fine, that based upon paragraph 2 of this Article, is pronounced for the first time, cannot be higher than 5,000 denar. Each late forced fine can be additionally sentenced in the same amount.

            (4) Collected fines shall not be paid back.

 

Article 282

 

            If the implementation of non-cash obligation cannot be carried out at all or on time by following provisions from Article 280 and 281 of this law, the implementation can be carried out by direct force, depending on the kind of the obligation, unless otherwise stipulated in the regulations.

 

Article 283

 

            (1) When an implementation has been made based upon a decision, and, the decision is later revoked or changed, the performer shall have the right to request a return of the confiscated things to a situation determined in the new decision.

            (2) The unit that passed the resolution on allowing the implementation shall bring a decision upon the request of the performer.

 

 

CHAPTER XVII

 

IMPLEMENTATION DUE TO SAFEGUARDING AND INTERIM RESOLUTION

 

1. Implementation due to safeguarding

 

Article 284

 

            (1) In order to safeguard the implementation, an implementation of a decision can be allowed by a resolution before it becomes effective, if without it the implementation of a decision, when effective, can be frustrated or significantly impeded.

            (2) If there are obligations to be implemented under force only following a proposal of the party, the proposing party has to prove the presence of the danger that could frustrate or impede the implementation, and, the unit can condition the implementation from paragraph 1 of this Article by safeguarding according to paragraph 2 Article 213 of this law.

            (3) An appeal shall be allowed against the proposal of the party on implementation due to safeguarding, as well as against the resolution passed following an official duty. The appeal against the resolution determining implementation due to safeguarding shall not postpone the implementation.

 

Article 285

 

            (1) The implementation due to safeguarding can be carried out administratively or through the court.

            (2) When the implementation due to safeguarding is carried out through the court, the court shall proceed according to the regulations valid for the court implementation.

 

Article 286

 

            The implementation of an interim decision (Article 213) can be carried out only to the extent and in such cases where an implementation is allowed due to the safeguarding (Article 284 and 285).

 

 

2. Interim resolution on safeguarding

 

Article 287

 

            (1) If there is or at least a possible obligation of the party is created, whereas there is danger that the obligated party, by handling property, making an agreement with third party or in any other way, - will frustrate or significantly impede the fulfillment of a particular obligation; the unit authorized for bringing a decision on the obligation of the party can, before bringing the decision, pass an interim resolution with an objective to safeguard the fulfillment of the obligation. When passing an interim resolution, the authorized unit shall be obligated to take into consideration the provision from Article 268 of this law and elaborate it in the resolution.

            (2) Passing an interim resolution can be conditioned by providing safeguarding determined in paragraph 2 Article 213 of this law.

            (3) In regard to the interim resolution passed upon paragraph 1 of this Article, provisions from paragraph 3 Article 284 and Article 285 of this law shall be implemented.

 

Article 288

 

            (1) If the effective resolution stipulates that there is no legal obligation of the party being safeguarded, an interim resolution has been passed for, or in another way it has been concluded that the request for passing an interim resolution was unjustified; the proposing party, on the behalf of which an interim resolution had been passed, shall compensate the damage endured by the opposite party caused by the passed resolution.

            (2) The unit that passed the interim resolution shall bring a decision upon the damage from paragraph 1 of this Article.

            (3) If in the case from paragraph 1 of this Article, it is obvious that the interim resolution has arised due to rudeness, the proposing party shall be fined with 5,000 denar. A special appeal shall be allowed against the resolution on the fine that shall postpone the implementation of the resolution.

           

 

 

 

 

PART V

 

LAW IMPLEMENTATION AND TRANSITIVE AND FINAL PROVISIONS

 

 

CHAPTER XIX

 

 

LAW IMPLEMENTATION

 

Article 289

 

            (1) Enterprises, institutions, organizations and communities with public authorization cannot determine fines in the administrative procedure they carry out or implement forced measures stipulated in paragraph 3 and 4 Article 69, Article 107, paragraph 3 Article 165, paragraph 1 and 2 Article 177, paragraph 1 Article 188 and paragraph 2 and 3 Article 193 of this law.

            (2) If during a procedure carried out by an enterprise, institution, organization and community, it is determined that the procedure cannot be implemented at all or correctly without using  any of the forced measures or fines stipulated in the provisions of this law, - the enterprise, institution, organization or the community shall contact the administrative unit of the municipality authorized for taking care of the implementation of this law, in order to implement such a forced measure or sentence pronouncement, unless another unit has not been determined by law. Following a request of an enterprise, institution, organization and community, the unit shall be authorized to implement some of the stipulated measures and pronounce a sentence, if needed regarding the implementation of the procedure.

            (3) If the administrative unit of the municipality being referred to by an enterprise, institution, organization or a community, based upon paragraph 2 of this Article, - does not pass a resolution on implementing  the forced measure or pronouncing a sentence within eight days, it shall be obligated to notify the enterprise, the institution, the organization or the community immediately, presenting the reason why the forced measure should not be implemented or the sentence pronounced. In such cases, as well as in the case when the unit does not notify the enterprise, the institution, the organization or the community within the determined time period, - the enterprise, the institution, the organization or the community can make a plea to the authorized administrative unit for implementing this law.

 

Article 290

 

            (1) In administrative units, as well as in the enterprises, institutions, organizations and communities with public authorization, unless otherwise stipulated by law, the authorization for undertaking activities in the administrative procedures (Article 36) can be delegated to an official with appropriate education level.

            (2) The administrative units and enterprises, institutions, organizations and communities that based upon public authorization decide on administrative activities, shall be obligated to announce appropriately the officials the administrative activities are delegated to (Article 32), as well as the ones delegated to undertake measures throughout the procedure before the decision is brought (Article 36).

 

Article 291

 

            (1) The high official managing the administrative unit or the independent managing board of the enterprise, institution, organization or community authorized for carrying out the procedure, shall be responsible to take care within the unit or the enterprise, institution, organization or community of correct implementation of the law, and, especially the administrative activities to be settled within the determined time periods, as well as to take care of the expert training of officials working on the settlement of administrative issues.

            (2) The high official managing the administrative unit or the independent managing board in the enterprise, institution, organization or community shall be responsible for notifying the Assembly of the Republic of Macedonia at least once a year on the activity related to the settlement of all administrative procedures.

            (3) The official carrying out the procedure or bring a decision or passes a resolution, shall be obligated, within the time period of seven days after the time period for bringing a decision from Article 214 and 242 of this law terminated, to notify the party in writing on the reasons for not bringing a decision or passing a resolution as well as which activities shall be undertaken for bringing a decision or passing a resolution following the request of the party.

            (4) The notification to the party shall be submitted to the high official or the bearer of the independent managing position responsible for evaluating the justification of the reasons based upon which a decision has not been brought or a resolution has not been passed, and, for undertaking measures to bring a decision or pass a resolution without delays.

            (5) The official of the unit carrying out the administrative procedures shall be taken as responsible if, due to his failure, certain procedures have not been implemented.

            (6) The administrative unit authorized for the implementation of this law shall have the right to a request on initiating disciplinary procedure against the head of the unit or against the responsible person in the organization that failed in the realization of the duty from paragraph 1 of this Article, as well as, against an official that, contrary to Article 290 of this law, has appointed an unqualified person for undertaking activities throughout the procedure or for bringing decisions.

 

 

Note:   We are not convinced that paragraph 2 of this Article should remain in the new law. It is better to take it out. Paragraph 3 is the same as paragraph 3 Article 218. It should be brought into concord.

 

 

Article 292

 

            (1) The administrative units authorized for carrying out the implementation of this law shall be obligated to undertake measures to get the employees responsible for settling the administrative issues informed better about this law.

            (2) The authorized administrative units shall carry out the implementation of this law in the government units, regional government units, local self-government units, enterprises, institutions, organizations and communities that have been delegated the authority to settle the administrative issues.

            (3) The  authorized administrative units for carrying out the implementation of this law shall be obligated to monitor the settlement of administrative issues, especially regarding the settlement of administrative issues within determined time periods in the units, enterprises, institutions, organizations and communities, and, to give explanation and expert assistance in issues related to the implementation of the provisions of this law. The units, enterprises, institutions, organizations and communities shall be obligated to enable the monitoring of the administrative unit authorized for implementing the law, especially by providing it with particular data and information.

            (4) Following a request of the units, enterprises, institutions, organizations and communities with public authority for settling administrative issues, the government administrative unit authorized for the organizational activities of the administration, shall be obligated to give explanation on the implementation of the provisions of this law.

 

Article  293

 

            (1) The administrative units authorized for carrying out this law, shall be obligated, through particular experts, to become well acquainted with the activities of the government units, enterprises, institutions, organizations and communities regarding the settlement of administrative issues.

            (2) In respect to the safeguarding of the implementation of this law, the government unit authorized for the implementation of this law, shall organize and perform statistic research of the country interest in the data evidence needed for monitoring the implementation of this law, as well as for completing on time settlements at the first and second instance.

            (3) In respect with the monitoring of the implementation of this law, the administrative units and other government agencies, enterprises, institutions, organizations and communities shall bring direct decisions on administrative issues by implementing the regulations, keep data evidence referring to the settlement of administrative issues being of an interest for the whole country, when executing public authorizations delegated by law.

            (4) The data considered to be of an interest for the whole country are the following: number of applications; number of officially initiated administrative procedures; the way and time periods for settling administrative issues at the first and second instance; number of revoked and repealed administrative acts; and, number of refuted requests or canceled administrative procedures.

            (5) The data from paragraph 4 of this Article shall be evidenced and presented in administrative areas.

            (6) The government units authorized for carrying out the implementation of this law, shall submit reports on data from paragraph 4 of this Article to the government unit authorized for administrative activities.

            (7) The way to present data from paragraph 4 of this Article, as well as the way and time periods for submitting the reports from paragraph 6 of this Article, shall be determined by the high official managing the government unit authorized for administrative activities.

            (8) In order to provide assistance to units that settle administrative issues, the government unit authorized for carrying out the implementation of this law shall define the forms for summons, delivery notes, orders, books on minutes, decisions from paragraph 1 Article 205 and from paragraph 3 Article 209 of this law, certificates from paragraph 1 Article 116 of this law, and if necessary for other acts in the administrative procedure.

 

 

 

 

 

 

CHAPTER XX

 

 

TRANSITIVE AND FINAL PROVISIONS

 

Article 294

 

            (1) The provisions from the Law on administrative procedure as federal law from former SFRY, that in accordance with paragraph 1 Article 5 of the Constitutional Law on implementing the Constitution of the Republic of Macedonia has been undertaken by the authorized units determined in the Constitution of the Republic of Macedonia as government regulation, shall cease to be valid from the day this law goes into effect.

 

Article 295

 

            The provisions from the Law on administrative procedure ("Official Gazette of the Republic of Macedonia", no...../96) shall be also implemented on the cases where the administrative procedure has been already initiated.

 

 

 

 

 

 


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