Ministry of Justice

 

Proposed Law on Public Administration

 

 

 

 

Part I

 

            General Provisions

 

            Article 1

            This Law shall stipulate the basic issues of public administration in the Republic of Macedonia referring to its position, role, organization principles and the way it shall be funded.

 

            Article 2

            The ministries of the Republic of Macedonia, their regional units and other republic bodies shall have the function of public administration in the Republic of Macedonia within the frameworks of the rights and obligations of the Republic.

            Republic administrative bodies (administrative bodies) shall do some specific and other activities within the frameworks of the obligations of the Republic requiring an implementation of scientific and expert methods and their related administrative issues.

            Bodies of the local self-government units can have public administrative function as well, if the authorization is delegated by law.

 

            Article 3

            Public administrative bodies shall perform the activities independently within their authorization based on and within the frameworks of the Constitution and the Law, being responsible to the Government of the Republic of Macedonia for their work. Regarding the responsibility of the Government to the Assembly of the Republic of Macedonia, the public administrative bodies shall be responsible to the Assembly of the Republic of Macedonia as well.

 

            Article 4

            Public administrative bodies shall set forth their acts and measures, as well as their overall activity upon the Constitution, the law, or any other regulation based upon the law.

            Due to the authorization of the body to bring decision following a discretionary right (free opinion), a decision shall be made within the frameworks of the authorization and in accordance with the purpose for delegating such an authorization.

 

            Article 5

            Public administrative bodies shall be obligated to provide equal legal protection to each individual in the realization of the rights, obligations and interest, when such an individual is a party in an administrative procedure of the bodies.

 

            Article 6

            Public administrative bodies shall be obligated to provide efficient realization of the rights and interest to citizens, enterprises, institutions and other entities, within the scope of their activities, and, particularly, create conditions and undertake measures to make easier and possible overall realization of such rights and interests, providing at the same time assistance and protection in their realization. (public administration oriented to service).

 

            Article 7

            The activities of the administrative bodies shall be open to public.

            The administrative bodies shall inform the public about their activities.

            The administrative bodies shall not disclose data, information referring government, military, business and other kind of secret, if a disclosure of such secret is against public interest stipulated by the Constitution and the Law.

            The way of performing public announcement shall be set forth by a general act of an administrative body.

 

            Article 8

            In order to have efficient and successful realization of the activities of the administrative bodies, the capability and the competence in recruiting and selecting future administrative staff  shall be especially taken into consideration.

            The Government of the Republic of Macedonia corresponding university institutions, shall organize special advanced training, courses and seminars, in order to create advanced and improved level of the administrative staff.

            The existing staff shall be obligated to reach the required advanced and competent level through a system of additional training and taking professional and state examination within  reasonable period of time. Otherwise, they shall be demoted to a lower position, or, in accordance with the regulations their employment within the administrative body shall be ceased.

 

            Article 9

            The administrative bodies shall set forth their proposals, opinions, regulations and other acts prepared and proposed to be passed or passed by themselves, upon their own data, facts and understandings, data and facts obtained from the general informative system (data base), or, upon their cooperation with competent, scientific and expert institutions.

 

            Article 10

            Basic values of the new constitutional organization, in accordance with Article 8 of the Constitution of the Republic of Macedonia, shall equally refer to the principles of the work of administrative bodies. Within the frameworks of its general administrative function, public administration shall be directed to the realization of the following:

            -           basic rights and privileges of the citizens recognized by the international law and stipulated by the Constitution;

            -           right to express one's nationality;

            -           correct interpretation of the law;

            -           public authority division into legislative, executive and judiciary branches;

            -           political pluralism and free, direct, democratic elections;

            -           legal protection of the property;

            -           free market and enterpreneurship;

            -           humanism, social justice and solidarity;

            -           local self-government;

            -           organization and humanistic movement in the environment as well as protection and improvement of the environment and nature;

            -           following up generally implemented standards of the international law; and

            -           in the Republic of Macedonia, every activity previously not banned by the Constitution and the Law, shall be considered acceptable.

 

 

 

            Article 11

            Political organizations, parties and other political associations, nor their internal organizational units shall be allowed to be established within the administrative bodies.

            High officials, managing officials and civil servants involved in the realization of tasks and assignments in the administrative bodies, shall not be allowed to follow their political beliefs, nor express or represent it throughout their work in an administrative body.

            Provisions from paragraph 1 of this Article do not refer to the unions of workers in the administrative bodies.

 

            Article 12

            In order to provide continuity of the expert and competent work of administrative bodies, general reassignment of the administrative staff having a position lower than Assistant Minister, regarding a party that won the elections, shall be forbidden - except for high managing positions, as follows: Minister, Deputies and Assistants (Spoils system).

 

            Article 13

            Professionalism of official positions shall be limited in the area of defense and police.

            Civilians shall manage the administrative bodies in the area of defense and police, having been civilians at least three years before elected to those positions.

 

            Article 14

            When enterprises, institutions and other organizations are to make decisions on particular issues regarding particular rights and obligations throughout their realization of public authorities delegated by the law, they shall be obligated to implement accordingly the provisions from this law referring to their independent work, legal implementation, activities open to public, as well as to other provisions related to the work of the administrative bodies, if not stipulated otherwise by the law.

 

 

 

 

 

 

 

 

 

 

 

Part II

 

 

Public Administration Status

 

            Article 15

            Public administrative bodies, being a part of the executive authority shall be sovereign and independent bodies within the Constitution and laws compared to the legislative and juridical authorities.

            Due to the impossibility to have absolute supremacy of any of the three authorities (within the organization of the assembly), there shall be mutual influence and control among the authorities, disabling any of them to be absolutely independent or to remain without mutual constitutional and legal control.

 

 

a) Relations between the public administration and the legislation

(Assembly of the Republic of Macedonia)

 

            Article 16

            The Assembly of the Republic of Macedonia shall set forth, repeal or define the scope of activities of public administrative bodies within the frameworks of its institutional authorization.

 

            Article 17

            The Assembly of the Republic of Macedonia shall choose, appoint and replace ministers and other high officials in the administrative bodies, following a proposal of the Government mandator, the Prime Minister.

 

            Article 18

            The Assembly of the Republic of Macedonia shall provide funds for the activities of the administrative bodies, once the Budget is set forth.

 

            Article 19

            The Assembly of the Republic of Macedonia shall have political and parliamentary control on the Government (as executive authority), i.e., public administration, as part of the executive authority.

            The Assembly of the Republic of Macedonia can establish a survey committee covering the areas and issues of public interest and monitoring certain aspects of the activities of administrative bodies.

            The results of the survey committees can be used as basis for implementing a procedure on responsibility determination of the bearers of administrative functions.

 

            Article 20

            Ministers and other high administrative officials shall be obligated to provide information and explanation of certain issues or facts being evidenced with the administrative bodies submitted to the representatives at the Assembly or to its committees, regarding certain events within the body or within the area being informed about, implementation of regulations and policy, and, on undertaking and providing appropriate measures.

            If irregularities occur, they can be used as basis for raising the issue of the responsibility of the public administration.

 

            Article 21

            The representatives of the Assembly of the Republic of Macedonia shall have the right to ask questions addressing high officials of the administrative bodies, regarding the movements in certain area, as well as to ask questions related to their authorizations and responsibilities.

            The high administrative officials shall be obligated to give accurate, thorough and substantiate responses to the questions at the very session of the Assembly, unless they are not prepared or do not have sufficient data with, so that, they are obligated to prepare answers for the next or specially arranged sessions.

            The answers to the questions of representatives can be given in writing as well.

 

            Article 22

            If the question is submitted in writing and its substance arises questions to broader extent, there shall be a quorum of at least 5 (five) representatives, resulting in the legal practice of interpellation.

            Special debate shall be held due to the interpellation, as well as a special proceeding at the Assembly, followed by conclusion to be evidenced in the agenda of the session.

 

 

b) The relations of the Public Administration (as a part of the executive authority) with the Government of the Republic of Macedonia (as the bearer of the executive authority and highest administrative body)

 

 

            Article 23

            The Government of  the Republic of Macedonia and the administrative bodies shall constitute the executive authority in the Republic of Macedonia.

            The relations of the public administration (ministries and other administrative bodies) with the Government of the Republic of Macedonia shall be based upon their rights and responsibilities stipulated by the Constitution and the laws.

 

            Article 24

            The administrative bodies shall meet the obligations of their authorization, based upon and within the frameworks of the Constitution and laws, responsible for their work to the Government of the Republic of Macedonia.

            The administrative bodies shall be responsible to the Government of the Republic of Macedonia for their legal, comprehensive and timely performance of the activities within their authorization.

 

            Article 25

            The administrative bodies shall be under Government political supervision. They shall be obligated to submit reports on their work to the Government, as well as on the situation within the area they have been experts for. They shall also submit information and explanations, data, acts and other necessary documents essential for the Government activities.

            Following a Government request, the administrative bodies shall be obligated to investigate the event in a certain area, elaborate particular issues and within a limited period of time undertake appropriate activities and report on that.

 

            Article 26

            The Government shall define the implementation policy of the laws and other regulations and the public administration shall operate the policy, so that the Government shall have supervisory and other coordinating and specialized authority over administrative bodies.

            During its specialized functioning, the Government shall have the right to give instructions and define principles for the administrative bodies regarding the way of implementation of the stipulated policy and realization of laws and other regulations of the Assembly and of the Government of the Republic of Macedonia.

            The Government can order the administrative bodies to pass regulations and undertake measures they are authorized for within a certain time limit, as well as,  to determine limits of time for realizing particular assignments (for instance, to investigate the situation in their area and to submit to the Government a report with appropriate recommendations).

 

            Article 27

            The administrative bodies shall follow the instructions and general principles of the Government throughout the realization of their activities.

            If the administrative body is of an opinion that the instructions and the general principles of the Government are not in accordance with the law or any other regulation of the Assembly or of the Government, or, if there are other justified reasons for not following them, the administrative body can ask for a Government revision of the instructions or principles.

 

            Article 28

            The Government shall have the right and the responsibility to perform particular legal control of general regulations of the administrative bodies.

            The Government shall have the right to repeal or revoke regulations and other enactments of the public administration, not being considered in accordance with the Constitution, or, against the law or another regulation of the Assembly or of the Government.

            Special Government committees shall be responsible to make decisions, as second level administrative procedures, on certain administrative regulations in a process when a complaint has been lodged against decisions brought up at the first level from regional units of the Republic ministries.

 

            Article 29

            The Government can initiate a discussion and determine the way of investigation of the situation in the area the administrative body has been established for, referring the activities and the responsibility of the administrative body.

            The Government can initiate or request initiation of a procedure to replace a high official, managing persons and persons of special authorization and responsibilities within the administrative body, as well as a procedure to revoke the authorities.

 

            Article 30

            The Government shall provide special material assets to the administrative bodies for their successful and efficient realization of the administrative function.

 

 

 

c) Relations of the public administrative bodies with other government bodies

 

            Article 31

            The relations of the public administrative bodies shall be based upon rights and responsibilities stipulated by the Constitution and the law, as well as, upon their mutual cooperation, agreement and notification regarding the issues of mutual interest.

            The Republic administrative bodies shall have rights and responsibilities legally stipulated regarding the realization of the laws, other regulations and general acts, so that, they shall monitor the implementation of those regulations and acts by the regional administrative units or any activity of the administrative unit being their component.

            The rules for mutual cooperation, agreement and notification on the issues of mutual interest shall be valid for the relations among the independent Republic administrative bodies.

 

            Article 32

            The independent republic administrative bodies shall monitor the work of the administrative bodies being their component, as well as, of the work of regional administrative bodies.

            When stipulated by the law, the republic body shall bring a decision following a complaint against the decision of the administrative body referring to its regional unit. A Special Government Committee for secondary administrative issues shall make decisions following other complaints against the decision brought by the administrative body referring to its regional unit.

 

           

 

Article 33

            An independent republic administrative body (a ministry) shall monitor the activities of its administrative bodies, as well as, of the regional administrative units.

            A ministry shall have the right and the responsibility to delegate special compulsory instructions to its administrative body, determine assignments within its scope, request a report on its activities and monitor the implementation of the laws and other regulations as well as general acts by the administrative body, when performing the monitoring from paragraph 1 of this Article.

 

            Article 34

            The independent administrative bodies, throughout the realization of their mutual cooperation, agreement and notification, shall perform the following activities: exchange data needed for performing activities from their area, computed during their work; exchange information and experiences; organize meetings and conferences and other gatherings on expert level in order to study certain issues; preparation of draft proposals in order to present opinions and suggestions; establish mutual expert committees, councils and other operative bodies; ask for opinions and other types of mutual cooperation.

            If needed, the attitudes of the administrative bodies shall be adjusted to certain issues in order to implement the stipulated policy or to follow certain movements, give appropriate opinion and recommendations. Therefore, the administrative bodies can establish expert committees, councils and other operative bodies.

            If an administrative body refuses to cooperate out of unjustified reason, the administrative body whose cooperation has been refused, shall inform the Government of the Republic of Macedonia.

 

            Article 35

            The administrative bodies performing monitoring activities shall be obligated to cooperate with each other and with other administrative bodies.

           

            Article 36

            If the high official managing the administrative body is authorized to pass a regulation regarding the high official managing another administrative body, whereas the agreement has not been reached, these high officials shall be obligated to present the point in dispute to the Government and follow its instructions.

 

           

Article 37

            If there is an issue in dispute between administrative bodies regarding their authority, or, if other points in dispute arise throughout the performance of the activities within their responsibilities, - these administrative bodies shall be obligated to notify the Government of the Republic of Macedonia. The Government shall revise the point in dispute and give instructions to the administrative bodies on its solution.

 

 

            Article 38

            The administrative bodies shall be obligated, within the frameworks of their authority, to cooperate with other government bodies.

            Throughout the realization of mutual cooperation, the administrative bodies and other government bodies shall organize meetings, conferences and other gatherings on an expert level, compiling and exchanging opinions regarding certain issues and organizing other types of mutual cooperation.

 

            Article 39

            The administrative bodies and other government bodies shall be obligated to exchange data they have, as well as give explanations regarding the performance of activities within the scope of their work.

 

 

d) Relations with the local self-government bodies and with the special unit of the local self-government

 

 

            Article 40

            The relations of the administrative bodies with the bodies of the municipalities as local self-government units and with the bodies of the city of Skopje, as special local self-government unit (bodies of the local self-government units) shall be based on the rights and responsibilities stipulated by the Constitution, by this law, Law on Local self-government, Law on the city of Skopje and other laws according to which the Republic delegates the performance of certain activities to the municipalities, to the city of Skopje.

 

 

 

            Article 41

            The relations between the bodies of the local self-government units and the administrative bodies shall be based upon principles of independence within the frameworks of rights and responsibilities of the bodies of local self-government as well as of administrative bodies, stipulated by the Constitution and the Law, and based upon special cooperation, information and agreement, provision of expert and other significant assistance in order to realize functions of the local self-governments in the municipalities and in the city of Skopje.

 

            Article 42

            The municipalities and the city of Skopje shall be independent in the realization of their activities of genuine authorization and they can not be deprived of their rights, nor limited by an act of the Republic or any other government body (including administrative bodies), except in cases and under conditions stipulated by a law, and in accordance with the Constitution following the legal basis of the acts.

 

            Article 43

            The Government of the Republic of Macedonia and the ministries shall perform the monitoring of the legal activities of the bodies of the local self-government units to the extent of their genuine authorization.

 

            Article 44

            The Government of the Republic of Macedonia can withhold the realization of an act passed by the genuine authority of the local self-government unit, when of an opinion that the realization of the act shall cause incurable damage. Once the Government considers the act not being in accordance with the Constitution and the law, it shall bring legal action to the Constitutional Court of the Republic of Macedonia requesting evaluation of the constitutional and legal basis of the act.

           

            Article 45

            The ministries and other republic bodies authorized for realization of the activities shall monitor the performance of the work of bodies of local self-government units within the frameworks of their genuine authorization.

 

            Article 46

            The ministries and other administrative bodies shall have the right and liability to supervise the bodies of the local self-government units, monitor the implementation of the administrative laws and give instructions and directions for implementing the laws and other regulations and general acts, within the frameworks of their delegated authority.

 

           

 

 

Article 47

            If a body of the local self-government unit does not perform the activities properly and on time, although being warned several times before, the ministry can suggest to the Government to bring legal action on depriving the body of the delegated responsibilities.

 

            Article 48

            If the bodies of the local self-government do not perform delegated administrative activities, the ministries and other republic administrative bodies shall be obligated to request their realization, following a decision, within a limited period of time not longer than 60 days.

            If a body of the local self-government unit does not perform its work within given period of time according to the decision, the authorized body of the public administration shall directly perform the activity or provide its realization in a different way at the expense of the local self-government unit.

            The authorized body shall follow the above mentioned, especially if due to the inactivity of the body of local self-government unit there have been harmful consequences on the life and health of the people, as well as on the environment, nature or property.

 

            Article 49

            The Ministry of Finance shall monitor the accounting and financial activities within the frameworks of delegated responsibilities of the bodies of local self-government units.

 

            Article 50

            The republic administrative bodies and their regional units shall cooperate with the bodies of the local self-government units, providing expert, legal and other assistance in the realization of their functions.

            In the realization of various ways of mutual cooperation, they shall exchange information, make agreements, provide data, organize meetings for revising certain issues or to prepare regulations, give opinions and make suggestions, as well as have other way of mutual cooperation.

            When issues of mutual interest are needed to be settled, they can establish special committees or working groups.

 

           

 

 

e) Relations of the administrative bodies with legal entities, institutions, other organizations and local communities

 

            Article 51

            The relations of the administrative bodies with the legal entities, institutions, other organizations and local communities shall be set forth on the basis of the rights and liabilities stipulated by the Constitution and the law, as well as on their mutual cooperation.

 

            Article 52

            The legal entities, institutions and other organizations shall be obligated to submit data and information to the administrative bodies, on their request, on issues from the area of their activities, if the data and the information are significant for realizing their rights and liabilities and their responsibility regarding the events in a certain area; except for the data being compiled following formal duties of the administrative and other government bodies, and of legal entities, institutions and other organizations authorized for compiling, processing and submitting data.

 

            Article 53

            The administrative bodies shall cooperate with legal entities, institutions and other organizations on the issues from their area being significant for the work of these bodies, or, of their interest.

 

            Article 54

            The administrative bodies shall be obligated to enable the legal entities, institutions and other organizations to express their attitudes, opinion and suggestions they are interested in and to contribute in other ways in solving those problems.

 

            Article 55

            The administrative bodies shall cooperate with local communities regarding issues of importance for the local community, as well as on the issues of importance for realizing the tasks and assignments of the administrative bodies.

            The local communities can arise initiatives and proposals for developing the organization and the work of the administrative bodies also on other issues, especially referring to more efficient realization of the rights and interests of the citizens.

 

 

f) Public administration and citizens

 

            Article 56

            The administrative bodies shall be obligated to enable realization of the rights and interests of the citizens, throughout their work. They shall be obligated to organize their work, so that the citizens can realize their rights and liabilities and their interests, protected by law or other acts, in the fastest and most efficient way.

 

            Article 57

            The administrative bodies shall be obligated to provide needed data, information and instructions, throughout the realization of the rights and interests of the citizens, and give expert assistance in the activities being the reason the administrative body has been referred to.

 

            Article 58

            The administrative bodies shall be obligated to revise the requests of the citizens regarding administrative affairs within the given period of time, and, in case of exceeding the given period of time, to inform the submitters of the request about the reasons and to instruct them on the possibility to use legal remedies in such cases.

            Within the frameworks of the given periods of time for solving administrative affairs, the Government of the Republic of Macedonia can set forth shorter periods of time for particular administrative affairs, taking into consideration their economic importance and the type of the request of the citizens.

 

            Article 59

            The citizens shall have the right to revise the activities of the administrative bodies through the local communities and local self-government units as well, especially regarding the efficiency in realizing their rights in those bodies, and, giving their opinion, comments and suggestions, as well criticism of the work.

            The administrative bodies shall be obligated to revise the comments and suggestions from paragraph 1 of this Article and undertake measures to the extent of their authorization and to inform the citizens about the undertaken measures within 30 days.

 

            Article 60

            Local community offices can be established to perform certain activities under the authorization of the administrative bodies and for more efficient and more rational realization of the rights, interests and liabilities of the citizens.

            The activities performed in the local community office, organization, region and the location of the local office, as well as the way its work is performed, shall be stipulated by a general act of the ministry as an administrative body, in accordance with this law.

 

Article 61

            The provisions from this law, referring to the relations of administrative bodies with the citizens, shall be implemented on the relations of these bodies with the enterprises, institutions, other organizations and communities, social organizations and citizen associations, when the administrative bodies are to bring decisions on the rights and interests based upon laws, as well as on liabilities of these organizations, communities and associations.

 

            Article 62

            The provisions from this law, referring to the relations of administrative bodies with the citizens, shall be appropriately implemented on enterprises, institutions and other organizations and associations, social organizations and associations of the citizens, that make decisions on the rights, interests and liabilities of the organizations, communities and associations during the performance of their public authorization.

 

 

g) Relations of the administrative bodies with political parties and other forms of organizations and associations of the citizens, as well as with the unions

 

 

            Article 63

            The administrative bodies shall cooperate with political parties and other forms of organizations and associations of the citizens, as well as with unions, within the frameworks of their rights and liabilities.

 

            Article 64

            The public administration, as an apolitical entity of the executive authority, shall revise the initiatives, opinions, comments and suggestions of the political parties and inform them about its attitudes.

 

           

 

 

Article 65

            The administrative bodies shall notify the political parties on the issues of their interest from an area they have been established for, in respect to the highest public control and to providing public activities of the administrative bodies.

 

            Article 66

            The administrative bodies, following a request of the political parties or their own initiative, shall provide data to the political parties obtained from the monitoring of the activities, as well as other data and information available, when such data and information are of interest to realize the role of the political parties.

 

            Article 67

            The administrative bodies shall cooperate with the public organizations and associations of the citizens (non-government organizations), within the frameworks of their rights and liabilities, regarding the importance of realizing the objectives of the association and with an interest to develop appropriate activities of the citizens within the frameworks of the activities of the organizations and associations, as well as for performing certain public activities delegated to the public organizations and associations of the citizens.

            In order to gain cooperation from paragraph 1 of this Article, the administrative bodies shall notify appropriate public organizations and associations of citizens on the issues from their areas, the organizations and associations may be interested in, obtain opinions from them, revise initiatives and suggestions of those organizations and associations on the issues from their areas, and, inform them on their attitudes regarding the issues.

 

            Article 68

            The administrative bodies shall cooperate with unions, within the frameworks of their rights and liabilities, in respect with the significant issues for realizing the rights and interests of the employees, resulting from and based upon the employment status.

            In order to realize the issues from paragraph 1 of this Article, the administrative bodies shall revise the initiatives and suggestions of the unions referring to their particular areas and notify them on their attitudes; have mutual cooperation in preparing laws, collective agreement, other regulations and general acts significant for the realization of the interest of the employees within a particular area and in implementation of the regulations; have other kinds of mutual cooperation and information within the frameworks of the Constitution and law.

Part III

 

Functions of the Administrative Bodies

 

            Article 69

            The administrative bodies, shall implement the stipulated policy of the Government and of the Assembly, within the frameworks of the rights and liabilities of the Republic and throughout realization of the laws and other regulations of the Assembly, shall implement other laws, regulations and general acts of the Assembly as well as the regulations and other general acts of the Government, general principles and directions of the Government, monitoring the situations in the area they are established for, giving initiative for solving the issues, dealing with administrative affairs, performing administrative survey and other administrative matters, preparing regulations and other general acts and realize other matters stipulated by the Constitution and by the law, as well as fulfilling other expert activities of the Government (and of the Assembly if necessary).

 

            Article 70

            The administrative bodies shall implement the policy stipulated by the Government (and the Assembly), and they shall provide policy implementation by pointing out on time the situations and the events of importance for implementing such policy, by undertaking and recommending measures to authorized units, by implementing them, preparing regulations and other general acts, as well as by focusing their complete activities.

 

            Article 71

            The administrative bodies shall implement the acts, other regulations and general acts of the Assembly, as well as the regulations and general acts of the Government, as follows: by direct enactment of the laws, regulations and general acts; administrative monitoring and other administrative activities they are authorized for; and, by passing regulations for enacting laws, other regulations and general acts, when authorized to do so by law, other regulation or general act.

 

            Article 72

            The activity of the administrative bodies in monitoring situations and starting initiatives within their area, shall be presented in the following way: monitoring the implementation of the stipulated policy and the implementation of the laws within its area; analyzing movements and developments within one area; undertaking measures for overcoming them due to their authorization or by informing the authorized bodies (the Government, the Assembly, etc.), so that they can undertake measures they are authorized for in order to provide realization of the stipulated policy, enactment of laws or elimination of movements which are not in accordance with the stipulated policy.

            The administrative bodies shall be responsible for final and continuous monitoring of the situations in the area they have been established for, as well as for accurate, comprehensive, prompt data and information, expert grounds for evaluation of the situations and movements and the initiatives for solving certain issues within one area.

 

            Article 73

            When an administrative body is of an opinion that in the appropriate (his) area of the social life or within certain legal entity, institution or other organization, laws, other regulations and general acts are not implemented, the body shall be obligated to undertake measures responsible for and suggest the Government or the Assembly to undertake adequate measures.

            If the administrative body has not undertaken measures it  is responsible for on time or has not suggested to the Government or the Assembly appropriate measures to be undertaken, a proceeding shall be brought in order to evaluate the work of the administrative body. When an evaluation of the expert work of responsible individuals within the administrative body or even a definition of the reasons causing such unsatisfactory situation is needed, in order to undertake appropriate measures, a proceeding shall be also initiated.

 

            Article 74

            The solution of administrative affairs shall be fundamental function of the administrative bodies, pointing out their basic characteristic, being bodies of the executive authority. In case the solutions are not implemented voluntarily, their realization in practice shall be forced by government bodies.

            When dealing with administrative activities, the administrative bodies, directly implementing substantive regulations, shall decide upon rights, liabilities or laws and other regulations based on the interests of the citizens, legal entities, institutions and other organizations, bring legal  actions and perform activities and undertake measures they are authorized for by the law or other regulations.

 

            Article 76

            The administrative bodies shall have the rights and liabilities to solve the administrative matters. In addition, legal entities, institutions, other organizations with delegated authority as well as bodies of local self-government units shall also have the rights and liabilities to deal with administrative matters when performing the executive power activities within the scope of their authority, particularly within the delegated authority from the executive power of the Republic.           

 

            Article 77

            When settling administrative matters, the performers are independent within the frameworks of the laws and other regulations, so that nobody can have any impact on any particular administrative act they pass regarding particular administrative situation.

 

            Article 78

            When settling administrative matters, the bodies authorized by law to decide following their free evaluation (discretionary right) shall bring a decision within the framework of their authorization and in accordance with the objective the authorization is given for.

 

            Article 79

            A high official managing an administrative body shall pass precise administrative acts (decisions) throughout the administrative procedure, when bringing decisions upon different issues, as well as upon any other issues stipulated within the regulations.

            A high official managing an administrative body can authorize another official to lead the administrative procedure or bring decisions upon administrative issues.

 

            Article 80

            In respect with successful implementation of laws, other regulations and acts, the administrative bodies shall also perform enactment deeds within their authorization.

            Throughout the performance of the enactment deeds, the administrative bodies shall be authorized to pass general administrative acts. These acts shall determine the way laws, other regulations and general acts of the Assembly of the Republic of Macedonia or of the Government of the Republic of Macedonia are implemented.

            General administrative acts shall have the characteristic of regulations and will not be sufficient for defining the rights and liabilities of the citizens and other legal entities not being previously stipulated by law.

 

            Article 81

            High officials managing administrative bodies shall provide a book of regulations, orders, administrative instructions and special instructions for implementing laws and other regulations when authorized by those laws and regulations to do so.

 

            Article 82

            Particular provisions of the laws, regulations and general acts, shall be defined in a book of regulations referring to their implementation.

            An order shall impose or ban any action under particular circumstances of general significance for the implementation of laws, regulations and general acts.

            An administrative instruction shall prescribe the way of implementing particular provisions from the laws, regulations and general acts.

            Special instructions shall consist of rules for adequate organization of the service, activities, and rules for implementing particular administrative issues. A special instruction is general administrative internal act without a characteristic of an obligatory regulation.

            A high official managing an administrative body may set forth obligatory instructions for the realization of activities of general interest of the Republic, delegated by law on other bodies, organizations, communities or associations.

 

            Article 83

            A high official managing an independent administrative body, which comprises another administrative body, shall stipulate regulations and other general for the body being its component.

 

            Article 84

            The supervisory work of administrative bodies shall consist of regular monitoring, control and supervision of the administrative bodies regarding the implementation of laws and other regulations by all entities, social and private, within the social community, as well as by citizens, so that their work, actions and behavior shall be in accordance with the stipulated laws and regulations.

            Under particular consideration regarding the implementation of the legislation, the administrative bodies shall provide harmony of the legal system and unlimited development of democratic and stable relations in the democratic and pluralistic society, order and discipline in the behavior and equality of all entities under the law.

 

            Article 85

            The administrative bodies shall monitor when authorized by law.

            The administrative survey from paragraph 1 of this Article shall comprise the following:

            - monitoring the regularity of acts used for making decisions on rights and liabilities of the citizens, enterprises, institutions and other organizations and associations;

            - monitoring the regularity of the activities of the enterprises, institutions and other organizations and associations; and

            - supervision.

 

            Article 86

            The first type of administrative survey shall be a control initiated by a higher authority. This is a survey initiated by a complaint or by official duty performed by administrative bodies based upon regularity of particular administrative acts (decisions) passed by independent entities acting when public authorization is delegated, or, by bodies of local self-government units, when administrative activities are delegated to them.

            Throughout their prompt control, the republic administrative bodies shall provide substantive and formal regularity in solving administrative matters as well as legal protection of right, liabilities and interests of the parties involved in the administrative procedure.

 

            Article 87

            Within the frameworks of the survey on regularity of the activities of enterprises, institutions and other organizations and communities, the administrative bodies shall:

            - monitor the regularity of general acts of the enterprises, institutions and other organizations and communities, notify the Assembly or the Government of the Republic of Macedonia and recommend undertaking certain measures they have been authorized for (for instance, referring the Constitutional Court of the Republic of Macedonia);

            - realize the entitled rights to control the performance of public authorization activities by particular enterprises, institutions and other organizations and communities, having being delegated such authority, as well as certain rights to control the work, i.e., regularity of the activities of the organizations performing activities of special public interest, unless otherwise determined.

 

            Article 88

            The Government of the Republic of Macedonia and the authorized ministries shall perform the survey on the regularity of the activities of the bodies of local self-government units.

 

            Article 89

            The ministries and other administrative bodies shall perform the survey on the regularity of delegated administrative authorizations to the bodies of local self-government units, using administrative measures and the substitution right.

            The Ministry of Finance shall perform the survey on substantive and financial activities of the bodies of local self-government units.

 

            Article 90

            The administrative bodies shall perform supervision activities.

            Throughout the performance of supervision activities, and, within the frameworks of their authorization, the administrative bodies shall have direct access to the activities and behavior of the legal entities, institutions, other organizations and citizens, regarding the implementation of laws, regulations and general acts, and, they shall undertake administrative and other measures they have been legally authorized  for.

 

            Article 91

            Special activities of the supervision (expert appraisals, researches, etc.) can be legally delegated to a special institution or special department within another organization or association, if precise expert opinion is needed (technical and other level, or implementation of scientific and other expert methods possible to be provided only by using special equipment - labs, etc.), when technical or other possibilities of the administrative body are not available.

            The issues from paragraph 1 of this Article can not be delegated  to organizations, associations or departments with activities not related to the position of such organizations, associations or departments.

 

            Article 92

            The Government, authorized administrative bodies and other authorized government bodies as well shall have the right to ask from the administrative bodies responsible for administrative survey, to bring legal action in order to define a situation or to undertake certain measures.

            If the administrative bodies, authorized for administrative supervision activities, define that the conditions stipulated by the law have not been meet for bringing that is initiating a procedure, or, for undertaking measures from paragraph 1 of this Article, supported with an appropriate explanation, they shall inform the bodies that requested a particular procedure to be initiated or certain measures to be undertaken.

 

            Article 93

            The administrative bodies shall, within the scope of their authorization, prepare regulations and other general acts for the Assembly of the Republic of Macedonia, or for the Government of the Republic of Macedonia.

            The administrative bodies shall also prepare regulations and general acts following their initiative, and, submit to the Government drafts and proposals on regulations and general acts they have initiated.

 

            Article 94

            The administrative bodies shall, throughout the process of preparation of laws, regulations and general acts, obtain opinion from the bodies involved, adequate institutions, interested legal entities and organizations, - if that is essential for settling various issues or for realizing the role of those legal entities and organizations.

 

            Article 95

            The administrative bodies shall, within the scope of their authorization, perform expert and analytical activities for the Assembly and for the Government of the Republic of Macedonia due to the preparation of analytical, informative and other documents.

            The administrative bodies shall cooperate throughout the preparation of the documents among themselves and with expert and scientific institutions, allowed to delegate a right of independent preparation of particular documentation, if complex research or implementation of special expert and scientific methods are needed, that the administrative bodies are not able to provide.

 

            Article 96

            If the implementation of regulations and general acts, or, of proposals comprised in the analytical, informative and other documents being prepared by the administrative bodies, impose material expenses or undertaking organizational or other measures; in the explanation to the proposals on regulations and other acts and on the analytical, informative and other documents, the administrative bodies shall be obligated to define the amount of assets needed for implementing proposals as well as the resources the needed assets shall be provided from.

 

            Article 97

            When regulations and general acts are being prepared by delegated proposers, or, the proposers request notification on particular issues significant for their activities, the administrative bodies shall be obligated to provide them with appropriate data and information, as well as with expert opinion within the scope of their area.

 

 

 

            Article 98

            The administrative bodies can undertake administrative actions, i.e., pass substantive acts, throughout the realization of the work within their authority.

            Throughout performing the activities within their authority, the administrative bodies can do the following: pass substantive acts on documentation (acts on evidence and acts on issuing certificates), substantive acts on information; substantive acts on receiving statements as well as other types of substantive acts.

 

            Article 99

            The administrative bodies shall, within the frameworks of their administrative actions, perform the following: support of economic, social, cultural, ecological and general development by undertaking measures within their authority and by suggesting measures to the Government of the Republic of Macedonia and to other authorized bodies.

 

 

 

Part IV

Public Administrative Bodies Organization

in the Republic of Macedonia,

Type of Bodies and Their Authority

 

            1. Public Administrative Bodies Organization

 

            Article 100

            The public administrative bodies shall be established by law, whereas their internal organization and job classification shall be based upon general regulations.

           

            Article 101

            The administrative bodies in the Republic of Macedonia shall be established by law giving the possibility to reach comprehensive, efficient and rational realization of administrative actions to the extent of the rights and liabilities of the Republic of Macedonia, efficient realization of the rights and legal interests as well as meeting the obligations towards citizens, legal entities, institutions and other organizations, and, successful realization of activities necessary for the Assembly and the Government of the Republic of Macedonia to function.

            The administrative bodies shall be established in accordance with the scope of the activities and principle to classify activities regarding the type, similarity, mutual relationship, the need to adjust the activities of the bodies, efficient management of their work and given independence and responsibility throughout its realization.

            In order to provide particular expert and other kind of activities within the scope of the rights and liabilities of the Republic of Macedonia, when, to the largest extent, an implementation of expert and scientific methods and related administrative actions are needed, republic and regional administrative organizations shall be established on legal basis.

 

            Article 102

            The Government of the Republic of Macedonia shall be obligated to undertake measures for improving the activities of the administrative bodies and their technological development; for improving and rationalizing the internal organization of administrative bodies and for expert and other needed education and training of the administrative staff.

 

 

            Article 103

            The administrative bodies can recruit a person with particular qualifications and professional training to perform particular activities in the administrative bodies, meeting special conditions determined for special activities of the administrative bodies, stipulated by the general act on job classification.

 

            Article 104

            The staff of the administrative bodies shall have the right and liabilities throughout their work to improve permanently their expert knowledge and by gradual development to improve their skills for successful realization of their assignments.

            The administrative body shall be obligated to determine a program on advanced training of the employees in accordance with the needs for its organizational and functional development.

 

            Article 105

            The internal organization and job classification of the administrative bodies shall be set forth by a general act on organization and activities and by a general act on job classification.

            The general act on organization and activities of the administrative body and the general act on job classification in it, shall be in accordance with the authority of the body, as well as with general principles of the internal organization of the administrative bodies stipulated by the Government of the Republic of Macedonia.

            The general act on organization and activities of the administrative body and the general act on job classification in it, shall be passed by the high official managing the administrative body.

            The Government of the Republic of Macedonia shall approve the act from paragraph 3 of this Article.

           

            Article 106

            The tasks and assignments defined by the general act on job classification shall be the basis for an appointment of high officials and of officials with special authorization within the administrative body, as well as for staff recruitment and their assignment to appropriate departments and services.

 

 

 

            Article 107

            The general act on organization of a ministry and of other independent administrative body and the general act on job classification of that body, shall set forth the organization and job classification of the administrative body and its components.

 

            Article 108

            In order to adjust the conditions for realizing similar tasks and assignments of the administrative bodies, in the general act on job classification of the administrative body, in accordance with this law, and according to the type and complexity of certain tasks and assignments and other characteristics of such tasks and assignments, - unique names shall be defined for tasks and assignments of the same type, and equal requests shall be imposed regarding the type, qualification level and other conditions necessary for their realization.

            The Government of the Republic of Macedonia shall set forth the nomenclature of the names, requests and conditions from paragraph 1 of this Article for the administrative bodies.

 

 

 

 

 

 

2. Types of administrative bodies and criteria for their establishment

 

 

            Article 109

            Regarding the type of the administrative activities and authorizations, the administrative bodies in the Republic of Macedonia can be established as follows: ministries, other administrative bodies, administrative organizations and other types of organizations stipulated by law.

            Regarding the territory where the activities of the administrative bodies are spread, there are central administrative bodies and regional administrative units.

            Regarding the level of independence, the administrative bodies can be established as independent administrative bodies or units within the independent administrative bodies.

            Regarding the management, the administrative bodies can be established as general manager and a managing board.

 

            Article 110

            In the Republic of Macedonia, there are republic ministries, other administrative bodies, republic administrative organizations and other types of bodies stipulated by law, regional units of republic administrative bodies and bodies of local self-government being delegated the administrative activities realization.

 

            Article 111

            The ministries shall be the highest organizational level of administrative bodies in the Republic of Macedonia.

            The ministries shall be established to perform administrative functions in the social areas and regions of special significance to the Republic.

            The ministries shall be established as independent administrative bodies.

 

            Article 112

            Other republic administrative bodies (committees, administration offices, etc.) shall be established in those areas where certain administrative activities are of particular significance to realize the rights and duties of the Republic.

           

            Article 113

            The administrative organizations are administrative organizational forms, established for performing particular expert and other activities and related administrative actions, where scientific and expert methods are requested.

 

            Article 114

            Other types of administrative bodies and administrative organizations can be established by law, with a specific determination of their authority.

 

            Article 115

            Regarding the performance of special administrative, expert and other activities within the authority of the ministries, where special organization and independence in the work is requested, bodies within the ministries (inspector offices, administration offices, institutes, committees, councils and departments) can be established.

            Central administrative bodies can establish regional organizational units in some municipalities, groups of municipalities or in the city of Skopje.

            Regional units shall be an organizational and functional part (internal part of the organization) of the republic administration, and, as such, closely related to central republic bodies.

 

            Article 116

            Some public administrative bodies can be legal entities.

 

            Article 117

            The ministries shall be the basic and the highest level of organization of administrative bodies of the Republic of Macedonia.

            A ministry shall be established as an independent administrative body for performing administrative activities within one area (region) of the administration office, possible to be established in accordance with the principle of directing administrative activities to a number of similar administrative areas.

 

            Article 118

            The administration offices shall be established in order to perform direct implementation of the laws, regulations and general acts in particular areas where special organized service and independent actions are needed.

            The administration office shall be a type of administrative body established for performing administrative activities in a smaller area, without referring to the overall administrative service.

 

           

 

Article 119

            The inspector offices shall be established for performing direct control on the implementation of laws, regulations and general acts by bodies, legal entities, institutions, other organizations, associations of citizens and citizens.

 

            Article 120

            The institutes shall be established for performing expert and other activities within the rights and liabilities of the Republic requesting an implementation of scientific and expert methods, as well as of certain administrative activities, unless otherwise stipulated by the law.

            The institutes can be also established for performing special control and other expert activities (improvement of the function, quality of an expert work, etc.) in the public area.

 

            Article 121

            The councils shall be established to perform particular administrative, expert and other type of activities in the public area.

 

            Article 122

            The committees shall be established in areas where permanent and organized coordination and cooperation of the bodies and other institutions are needed, in order to reach uniform way of implementing the stipulated policy, as well as for performing expert and other administrative activities of interest for two or more administrative bodies, that according to their characteristics request joint solution of the issue.

 

            Article 123

            The departments shall be established to perform particular economic and administrative activities related to them.

 

            Article 124

            Within the administrative bodies, with stipulated authority to bring decisions on particular issues of broader public significance (handling public assets of higher substantive importance and other issues of importance for the economic position of the enterprises, institutions and other organizations and associations, individuals, etc.), a special way and a procedure to bring a decision upon the issues can be determined, as well as other conditions of significance for activities related to those issues, or, a definition of the obligation of the high official managing the administrative body for bringing decisions on the issues of broader public significance in order to ask for an approval from the Government.

            A special committee can be established to perform the activities from paragraph 1 of this Article.

            The members of the Committee from paragraph 1 of this Article shall be appointed by the Government.

            The decisions of the Committee shall be made by the high official, managing the administrative body.

            If the high official, who manages the administrative body, considers that the Committee decision from paragraph 2 of this Article is not in accordance with any law, regulation, or general act, the official shall be obliged to warn the Committee. If the Committee does not accept the warning, the high official, managing the body, shall notify the Government.

 

            Article 125

            The ministries shall be established as independent republic administrative bodies.

            The committees and administration offices shall be established as independent or integrated bodies.

            The inspector offices, administration offices, councils, institutions, committees and departments can be established as integrated bodies.

 

            Article 126

            The administrative organizations shall be established as institutions and departments.

            Other types of administrative organizations can be legally established.

            An administrative organization can be established as an integrated body of a ministry.

 

            Article 127

            The councils and committees shall be established as administrative boards.

            The administrative boards shall consist of a President and a number of members appointed and relieved by the Assembly of the Republic of Macedonia, unless otherwise stipulated by the law.

            The President and the members of the managing board within a ministry shall be appointed an relieved by the Government of the Republic of Macedonia.

            The managing board shall bring decisions on the activities within its authority by voting majority of its members.

 

            Article 128

            The managing board shall perform its activities within the framework of its legal authority.

            During sessions, the managing board shall do the following: revise the general issues within the managing board authority; suggest undertaking measures; define regulations and decide upon undertaking measures the board being authorized for, if the president of the board has not been authorized to define regulations; initiate an enactment of a republic law, other regulation and a general act; give an opinion on issues within the field of the body; perform other activities delegated to the body by  law.

            The managing board shall pass a Book of Procedures for its activities.

 

            Article 129

            The Government can bring a decision expert, administrative and other activities for two or more administrative bodies to be performed by a joint expert service or another administrative body, unless otherwise stipulated by law.

            Regarding the activities from paragraph 1 of this Article referring to the administrative body, bodies of the local self-government units and of the special local self-government unit (the town of Skopje), and, following an agreement with the local self-government unit and with the special local self-government unit (the town of Skopje), the Government can establish a new joint service dealing with these activities.

           

 

 

3. Bodies of the supervision control

 

            Article 130

            The supervision control shall be made by the administrative bodies within the frameworks of their authority.

            A supervision office shall be established for performing supervision activities, as an incorporated body.

 

            Article 131

            The activities of the supervision control shall be performed by inspectors, within the frameworks of the authority of the administrative body.

 

           

Article 132

            The inspector can perform the supervision activities independently and bring decisions on undertaking administrative and other measures, based upon and within the frameworks stipulated by law.

            The independence of the inspector defined in paragraph 1 of this Article, shall not deprive the high official, managing the administrative body, to give orders to the inspector for performing the supervision.

 

            Article 133

            When performing the supervision control, the inspector shall have the right to have an insight in the implementation of laws and other regulations, and accordingly, check the business premises and other futilities, products and other goods, certificates and other documents, and, have an insight in the work process, as well as perform other activities regarding the supervision objective.

 

            Article 134

            When performing the supervision control, the inspector shall be obligated to act in the way of keeping the government, military, business and official secret.

            The enterprises, institutions, social and other organizations, and government bodies shall be obligated to warn the inspector of what, according to the regulations or general acts, is considered to be a military, government, business and official secret.

 

            Article 135

            The inspector shall be obligated to prepare a report after each supervision control and submit it to a person in charge.

 

            Article 136

            If throughout a supervision control, the inspector realizes that a law, other regulation or an act has been violated, the inspector can:

            - give an order to remove the irregularities and failures within a certain period of time;

            - request a procedure against the violation to be initiated, i.e., file a report on economic infraction or bring criminal charges against;

            - fine the individual on the spot, if authorized;

            - recommend the authorized body to cease the implementation of the general act being under the supervision, if the act is not considered to be in conformity with the law or other regulations; and

            - undertake other measures, or activities being authorized for, according to the law.

            The inspector shall bring a decision on measures from paragraph 1 of this Article.

 

            Article 137

            In order to prevent adverse consequences due to the misinterpretation of the law, regulations or general acts, the administrative bodies responsible for supervision control shall be authorized to undertake appropriate preventive measures (paying attention to the obligations arising from the regulations, pointing out adverse consequences, suggesting measures for eliminating the reasons, etc.)

            If throughout the supervision control, the inspector defines a violation of a regulation or another general act, and another body being responsible for undertaking measures, the inspector shall be obligated to notify the other body immediately.

 

            Article 138

            The Government and other authorized government bodies shall have the right to request from the administrative body authorized for supervision, to initiate and bring an action, in order to define the situation or undertake measures.

            The administrative body authorized for supervision control shall be obligated to act upon the request from paragraph 1 of this Article.

 

            Article 139

            Any person or entity shall have the right to suggest an initiation of supervision control, or, appropriate measures to be undertaken by the administrative bodies responsible for supervision control.

 

            Article 140

            The inspector shall initiate the supervision control and perform it regarding the official responsibilities, according to the rules of administrative procedure.

 

            Article 141

            The inspector shall confirm the supervision control authorization by presenting a special identity card.

 

 

 

 

Part V

 

Funding of the Administrative Bodies

 

1. Funding Method

 

            Article 142

            The operating funds of the administrative bodies shall be provided from the Budget of the Republic (method of planning, projecting, budgeting), in accordance with the law and regulations based upon law.

            The operating funds of an administrative body shall comprise the following: funds for wage payments and collective consumption of the staff within the administrative body; funds for material costs; earmarked funds and funds for providing equipment.

            The administrative bodies can provide funds for the Budget based on their activities, unless otherwise stipulated by law.

 

            Article 143

            The fund level for the activities of the administrative body shall be stipulated based on the working plan of the administrative body, comprising a list of tasks and assignments of the administrative body with the amount of funds needed for their realization.

            The list of tasks and assignments within the working plan shall consist of the following:

            - tasks and assignments within the authority of the administrative body stipulated by law;

            - tasks and assignments the body is to perform within the working plan of the Assembly, Government or any other body of the Republic;

            - other tasks and assignments the administrative body is to perform within the frameworks of its authority; and

            - time limits for realizing particular tasks and assignments.

 

            Article 144

            The plan on needed assets of the administrative body within the working plan of the administrative body shall have the basic elements effecting the amount level, particularly:

            - type and level of material costs needed for working plan performance;

            - type an purpose of the assets needed for the realization of special assignments stipulated by law, regulation or general act of the Assembly or of the Government;

            - asset level for providing equipment and modernization with a specification of the equipment and its purpose, i.e., provision of new equipment;

            - a number of staff needed, with appropriate qualifications and other conditions to be met for performing particular tasks and assignments;

            - funds level being the basis for staff salary, stipulated by law; and

            - time limits and way of providing funds for various purposes.

            The high official managing the administrative body, shall submit the working plan of the administrative body to the Government.

 

            Article 145

            If new tasks and assignments are delegated to the administrative body, after working assets of the body have been determined, or, the scope of the activities defined with the working plan of the administrative body is significantly increased, the Assembly shall provide needed funds for performing the tasks and assignments.

            If the scope of activities of the administrative body is permanently decreased, the high official managing the administrative body shall be obligated to notify the Government of the Republic of Macedonia and recommend appropriate measures.

 

 

 

2. Funds for material costs, for special purposes and for equipment

 

            Article 146

            The funds for material costs shall be used for paying costs that arised from the material expenditure and from services related to the activities of the administrative body, as well as for paying allowances to the employees regarding their work.

            The funds for material costs shall be used for:

            - operating supplies, inventory, heating, electricity and funds for cleaning business premises;

            - telephone and postal charges, leasing and regular maintenance of business premises;

            - buying scientific studies and magazines and printing official papers;

            - travel and other expenses not being considered as personal income, though following special regulations, are approved a material costs of the administrative body;

            - payment of insurance costs and provision of equipment funds; and

            - payment of other expenses needed for performing administrative body activities.

 

            Article 147

            The assets of administrative bodies for special purposes shall be provided for:

            - special purposes regarding to the activities of the administrative bodies;

            - funding non-economic investments;

            - personal income and other allowances of high officials and managing staff;

            - allowance based upon agreements with scientific research and other kind of organizations and individuals;

            - severance pay for employees terminating their employment to retire;

            - additional advanced training of employees, in accordance with special educational programs; and

            - other purposes not being financed from other resources.

            The administrative bodies can be provided with additional funds for special purposes, aiming particular needs and performance of special assignments, related to the authority of the administrative bodies.

 

            Article 148

            The facilities shall comprise equipment needed for the activities of the administrative bodies as well as money assets for equipment supply.

            The facilities, together with the inventory and other equipment, used by the administrative body for performing its activities, under normal circumstances, should be planned for utilization longer than a year.

            The Government can prescribe other conditions according to which the equipment shall be considered facilities.

            If a fixed assets depreciation is determined by a regulation, depreciation funds shall be considered facilities.

 

            Article 149

            The administrative bodies can delegate the right to use the inventory or other equipment considered as facilities to another body without any compensation.

            The administrative bodies can sell, lend, or rent the inventory  from paragraph 1 of this Article, in accordance with the law.

            The inventory sale shall be made through auctions.

            The administrative body can bring a decision to write-off some inventory items from paragraph 1 of this Article, if due to being worn out, or any other reason, they cannot be used.

           

           

Article 150

            The Government can determine mutual utilization of particular equipment elements for all administrative bodies, or for some of them and decide upon the way the elements can be jointly used.

           

Article 151

            The high official managing the administrative body shall decide upon the distribution and fund utilization regarding material costs, earmarking or facilities of the administrative body.

            The high official, managing the administrative body shall be responsible for giving orders regarding the regularity in utilization of facilities from paragraph 1 of this Article, referring to the account of the administrative body.

            The high official, managing the administrative body, can delegate the right to give orders to one or more assistants.

            The individual giving orders as well as the accountant in charge shall be responsible for the regularity of funds utilization from paragraph 1 of this Article.

           

            Article 152

            The Government shall pass direct regulations on material and financial transactions, administrative body expenses considered as material costs, prescribing highest amounts of travel, daily and other expenses of the employees within the administrative bodies.

 

Alternative: According to our opinion, it would be necessary to prepare new financing system of public administration in the Republic of Macedonia, with an objective to make the public administration in the Republic of Macedonia more rational, more efficient, economically sustainable and useful - an efficient administration.

 

 

 

Therefore, we suggest,

 

            New initial shapes of evaluation of invested funds compared to the results

 

            The invested assets in administrative bodies and especially from budget funds invested in administrative bodies, shall be significant and big items, particularly taking into consideration the fact that they are constantly increasing. Following certain data, the participation of the state and other public services in the general budget consumption in developed countries is about 50%, and here, in the Republic of Macedonia, even more. Such public consumption increase, having in mind economic difficulties that made the developed countries think about the effect they get from public services compared to the invested funds, - shall be imposed as a serious issue here, as well.

            There are some valuable experiences in highly developed countries, where rational and efficient administration shall persist to develop economically valuable and useful administration.

            The classical instrument for financing the administration, is the Budget. Today, the public administration is still funded from the Budget. However, traditional and classical budget form compared to administration funding is being developed with additional instruments.

            The mechanism of the traditional budget is almost completely oriented to a control of the regularity in using funds, and completely insufficiently directed to economical and comprehensive fund utilization. Thus, the assets are received on the basis of a number of formal criteria (staff number, technical equipment, etc.), not paying attention on the scope and on the quality of activities performed and on gained results. In strictly defined forms and formal criteria, the employees have not contributed much to change the results, mostly because that has not been the condition for receiving funds or their own promotion.

            In developed countries, a number of reforms have been made in order to overcome failures that were emphasized. Therefore, one of the well-known methods is the method of "planning, projecting and budgeting". Instead of strict one year budget, there has been an implementation of financial planning of administrative activities for many years. The budget will consist of previously determined medium and long-term plans of development and administrative objectives to be reached, followed by an action plan and finally by financial budgetary funds, to be spent in the most rational way. In the third stage, there will be an analysis of the invested assets and expenses, against the obtained values and usefulness. Finally, desired objective shall be checked.

            The second method, also interesting one, is the method of rationalization of budget decisions, implemented in France. This method introduces elements of rationality and efficiency of the economy in the public administration (to define the objectives clearly, to project the expenses and the usefulness of administrative activities and to be presented in figures).

            There are also other methods, for instance, the method of evaluation of the work of public administration by public committees, or by independent experts (university, institutes, etc.) that would give their opinion after the evaluation is made, and suggest solutions to save in funding public administration.

            Thus, the activity and the work of the administration shall be "measured", "evaluated", and according to the successful results assets levels for its financing shall be suggested.

            The public administration financing in the Republic of Macedonia is made on the basis of the budget, which is modified by a financial plan and work plan, so that, it looks like the method of "planning, projecting and budgeting" - however, there are still not ways for exact assessment and evaluation of the results to be essential for further funding. If we do that as soon as possible, we shall get better, more efficient (useful) administration.

 

           

 

Part VI

Transitional and Final Provisions

 

 

            Article 153

            The Law on Administrative Bodies ("Official Gazette of the Republic of Macedonia" no. 40/90),  shall cease to be valid in the system, on the same day this Law goes into force.

 

            Article 154

            In order to have precise future public administration organization in the Republic of Macedonia, special republic regulations shall be passed on the status and position of high officials and of the civil servants. Until then, particular provisions regulating particular matters shall remain valid regarding the Law on Administrative Bodies ("Official Gazette of the Republic of Macedonia", no.40/90).

 

            Article 155

            This law shall go into effect on the eighth day it is publiched in the "Official Gazette of the Republic of Macedonia".


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